The Constitution Empowers Courts: How And Why?

The US Constitution establishes the Supreme Court and gives Congress the power to decide how to organize it. Article III, Section I of the Constitution states that the judicial power of the United States, shall be vested in one supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. This means that while the Supreme Court is the highest court in the land, Congress has the authority to create lower courts and determine their structure and jurisdiction. The Constitution also gives the judicial branch the power to decide the constitutionality of federal laws, ensuring that each branch of government recognizes its limits and protecting civil rights and liberties. The Supreme Court's power of judicial review allows it to declare acts of Congress or Executive acts as unconstitutional, ensuring that federal laws do not violate the fundamental values and rights of Americans.

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The Supreme Court is the highest court in the US

> The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.

The Constitution permits Congress to decide how to organise the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices. Like all federal judges, justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term.

The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and cases involving ambassadors. It also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. The Court has the discretion to decide whether or not to hear a case, and it agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.

The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. Through this power, the Supreme Court has defined the scope and nature of the powers and separation between the legislative and executive branches of the federal government. It also plays an essential role in ensuring that each branch of government recognises the limits of its power, protecting civil rights and liberties, and setting appropriate limits on democratic government.

Congress can create inferior courts to the Supreme Court

The Constitution of the United States establishes the Supreme Court as the highest court in the land. Article III, Section I of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision, known as the Vesting Clause, grants Congress the power to create inferior courts to the Supreme Court.

The Framers of the Constitution recognized the importance of a national judiciary and established the Supreme Court as the highest judicial authority. However, they left the decision of whether to establish inferior federal courts to congressional determination. The ninth enumerated power of Congress is to constitute tribunals inferior to the Supreme Court, or to establish lower federal courts subordinate to the Supreme Court.

Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The Act divided the country into thirteen judicial districts, each with one district judge, and three judicial circuits with circuit courts comprised of one district judge and two Supreme Court justices. This system required Supreme Court justices to "ride circuit" and travel to different districts to hear cases, which proved burdensome given the transportation challenges of the time.

Over the years, Congress has reorganized and expanded the federal judiciary, creating additional judicial districts and circuits, and altering the number of seats on the Supreme Court. The power to establish inferior courts allows Congress to adjust the structure of the federal judiciary as needed and ensure the efficient administration of justice.

The establishment of inferior courts by Congress plays a crucial role in supporting the Supreme Court and the overall judicial system of the United States. It enables a hierarchical structure where lower courts handle a majority of cases, with the Supreme Court serving as the final arbiter on matters of constitutional and federal law. This division of judicial power helps manage the caseload and ensures that the Supreme Court can focus on cases of significant national importance.

The Supreme Court can declare acts in violation of the Constitution

Article III, Section I of the US Constitution establishes the federal judiciary, stating that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision recognises the Supreme Court as the highest court in the country, with the power to hear appeals from lower courts and review cases involving constitutional or federal law.

The Supreme Court's power of judicial review is its most well-known authority. This power enables the Court to declare a Legislative or Executive act in violation of the Constitution. Notably, this power is not explicitly mentioned in the text of the Constitution. However, the Court has asserted its authority to strike down acts of Congress or state laws found to be contrary to the Constitution, as established by Article VI, which declares the Constitution as the supreme law of the land.

Throughout its history, the Supreme Court has exercised its power to declare acts in violation of the Constitution, including in the following notable cases:

• United States v. Klein (1872): The Supreme Court held that a provision interfering with judicial power and the pardoning power was unconstitutional.
• Muskrat v. United States (1911): The Court found that provisions authorising certain Indians to sue in the Court of Claims and giving them a right of appeal to the Supreme Court violated the restriction on judicial power under Article III, § 2.
• Bolling v. Sharpe (1954): Racial segregation in schools of the District of Columbia was held to violate the equal protection component of the due process clause of the Fifth Amendment.
• Califano v. Westcott (1979): The Court ruled that a provision of the Social Security Act discriminating against families whose mothers were unemployed violated the Fifth Amendment's Due Process Clause.
• Miranda v. Arizona (1966): The Court established the warnings to suspects as Constitution-based rules, and an attempt by Congress to redefine these protections was deemed unconstitutional.

The Supreme Court's power to declare acts in violation of the Constitution is essential for maintaining the balance of power between the branches of government and protecting the civil rights and liberties guaranteed by the Constitution.

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The judicial branch decides the constitutionality of federal laws

The US Constitution establishes a system of checks and balances, with three separate branches of government: the legislative, the executive, and the judicial. Each branch has its own distinct roles and powers. The judicial branch, which includes the Supreme Court and inferior federal courts, is tasked with interpreting the law and ensuring that the other branches do not exceed their constitutional authority.

The judicial branch derives its power from the Constitution, specifically Article III, which vests "the judicial power of the United States" in one Supreme Court and such inferior courts as established by Congress. This article also authorizes Congress to create a system of lower federal courts, which it did through the Judiciary Act of 1789, establishing a Supreme Court with six justices and a lower federal court system.

The Supreme Court, as the highest court in the land, is the final arbiter of constitutional questions. It has the power of judicial review, which means it can declare a legislative or executive act unconstitutional. This power is not explicitly stated in the Constitution but has been established through Supreme Court decisions. The Court's interpretation of the law and its rulings on the constitutionality of laws are crucial in maintaining the balance of power between the branches of government and protecting the rights and liberties of citizens.

The Supreme Court's role in deciding the constitutionality of federal laws is essential in the US constitutional system. It hears cases on appeal that involve points of constitutional or federal law, such as cases where the United States is a party or those involving treaties. The Court's appellate jurisdiction allows it to review decisions from lower courts and determine if the law was applied correctly. This process ensures that federal laws are in alignment with the Constitution and protects against the overreach of governmental powers.

In addition to interpreting federal laws, the Supreme Court also plays a crucial role in safeguarding civil rights and liberties. By striking down laws that violate the Constitution, the Court ensures that the fundamental values enshrined in the Constitution, such as freedom of speech, freedom of religion, and due process of law, are upheld. The Court's decisions have a significant impact on society, shaping the understanding and application of constitutional principles.

The Supreme Court upholds the separation of powers

The US Constitution establishes the Supreme Court and outlines the separation of powers between the executive, legislative, and judicial branches of government. Article III, Section I of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This separation of powers ensures that each branch operates within distinct and clearly defined spheres.

The Supreme Court plays a crucial role in upholding the separation of powers and ensuring that each branch of government recognises the limits of its own power. This is achieved through the Court's power of judicial review, which allows it to declare legislative or executive acts in violation of the Constitution. The Court also has the authority to strike down state laws found to be unconstitutional. For example, in Panama Refining v. Ryan, the Supreme Court struck down a Congressional delegation of power as a violation of the separation of powers doctrine.

The system of checks and balances is closely tied to the separation of powers. The Constitution grants certain powers to each branch to constrain the powers of the other branches. For instance, the President nominates Supreme Court Justices, but the Senate must confirm them. Similarly, bills passed by Congress must be presented to the President, who has the power to veto them. The Supreme Court also upholds the separation of powers by hearing cases that implicate the relationship between the legislative and executive branches, as well as the role of the courts.

In addition to its legal duties, the Supreme Court serves to protect civil rights and liberties by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. This role reinforces the Court's commitment to upholding the separation of powers and maintaining the balance between the branches of government.

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