Malcolm Rivera
The US Constitution establishes the federal judiciary, which includes the Supreme Court and inferior courts ordained by Congress. 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. The Supreme Court is the highest court in the land, with one Chief Justice and eight Associate Justices. Congress has established lower federal courts, including 13 appellate courts or US courts of appeals, 94 district or trial courts, and 90 bankruptcy courts. These courts play a crucial role in ensuring justice, resolving disputes, and upholding the Constitution.
| Characteristics | Values |
|---|---|
| Highest court in the land | Supreme Court |
| Highest number of justices | 10 |
| Lowest number of justices | 5 |
| Current number of justices | 9 |
| Number of associate justices | 8 |
| Power to establish courts inferior to the Supreme Court | 13 United States courts of appeals, 94 district or trial courts |
| Power to establish the Supreme Court | The Constitution |
| Power to decide the number of justices | Congress |
| Power to nominate justices | The President |
| Power to confirm justices | The Senate |
| Tenure of justices | Life |
| Right to fair trial | Guaranteed by Article III of the Constitution |
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What You'll Learn
The Supreme Court
Article III of the U.S. Constitution establishes the federal judiciary, with Section I 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 not only establishes the Supreme Court but also grants Congress the authority to determine its organization and establish lower courts.
The process of deciding cases in the Supreme Court typically involves granting certiorari, where the Court accepts legal briefs from the parties involved and interested third parties (amicus curiae). Oral arguments are presented before the justices, who then hold private conferences to make their decisions. After a period, the Court issues its opinion, often accompanied by dissenting arguments.
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Inferior courts
Article III of the U.S. Constitution establishes the federal judiciary. It states that the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may establish. This provision gives Congress significant discretion in shaping the federal judiciary, including the establishment of lower courts and the determination of the number of Supreme Court justices.
The "inferior courts" or lower courts established by Congress include the United States district courts and the United States courts of appeals. There are 94 district or trial courts that resolve disputes by determining the facts and applying the law. These courts try most federal cases. Above them are 13 appellate courts or courts of appeals that review the decisions of the lower courts. They examine whether the law was correctly applied in the lower courts or federal administrative agencies.
In addition to these generalist courts, there are also specialized Article I courts, such as the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Armed Forces, and the U.S. Tax Court. These courts are not considered part of the "judicial branch" in the strictest sense, as their judges are not subject to the same tenure and salary protections as Article III judges. Nonetheless, they play an important role in adjudicating specific types of disputes.
The judges of both the Supreme Court and the inferior courts are appointed by the President with the advice and consent of the Senate. They hold their offices during "good behaviour" and receive compensation that cannot be diminished during their continuance in office. This independence helps insulate them from political pressure when deciding cases.
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Federal judiciary
The US Constitution establishes a federal judiciary, which includes the Supreme Court and "inferior" courts ordained and established by Congress. Article III, Section I of the Constitution states:
> 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.
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 number of justices on the Supreme Court has varied over time, from a low of five to a high of 10, before being fixed at nine after the Civil War. Today, there is one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. It has original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law) and the final say on Constitutional matters. The Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed. The Supreme Court plays a crucial role in the constitutional system of government, acting as a check on the powers of the legislative and executive branches and protecting civil rights and liberties.
Below the Supreme Court are 13 appellate courts, known as the US Courts of Appeals, which determine whether the law was applied correctly in the trial court or federal administrative agency. There are also 94 district or trial courts, called US district courts, which resolve disputes by determining the facts and applying the law to those facts. Other federal courts include 90 bankruptcy courts and Article I courts such as the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court.
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Judicial review
The US Constitution establishes a Supreme Court and gives Congress the power to establish inferior courts. 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.
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 Supreme Court is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The Constitution does not stipulate the number of Supreme Court Justices; this is set by Congress. There have been as few as six justices, but since 1869 there have been nine justices, including one Chief Justice and eight Associate Justices. All justices are nominated by the President and confirmed by the Senate. They hold their offices under life tenure and are not subject to political pressure when deciding cases.
The Constitution grants Congress the power to establish inferior courts to the Supreme Court. Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases.
There are also four Article III courts: the Supreme Court of the United States, the US courts of appeals, the US district courts, and the US Court of International Trade. Congress has abolished, combined, or reorganized several other Article III courts over time, including the US circuit courts, the Court of Claims, the US Customs Court, and the Supreme Court of the District of Columbia.
Article I Courts include the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. It plays a crucial role in ensuring that each branch of government recognizes the limits of its power. It protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
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Federal and state courts
Article III of the US Constitution establishes the federal judiciary, which includes the Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish". The Constitution does not stipulate the number of Supreme Court Justices, leaving this to be set by Congress. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court is the highest court in the land and is the only part of the federal judiciary specifically required by the Constitution. It is the final judicial arbiter in the United States on matters of federal law. The Supreme Court plays a crucial role in the constitutional system of government. It acts as the court of last resort, protects civil rights and liberties, and ensures that each branch of government recognizes the limits of its power.
Article III of the Constitution also grants Congress the power to establish courts inferior to the Supreme Court. Congress has established the US district courts, which try most federal cases, and 13 US courts of appeals, which review appealed district court cases. The US district courts resolve disputes by determining the facts and applying the law to those facts. There are also 90 US bankruptcy courts to help people and businesses that cannot pay their debts.
Article I Courts include the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court. Congress has also created separate "Article I" or "legislative" courts, which are independent federal tribunals staffed with judges who are not subject to the tenure and salary protection of Article III.
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Frequently asked questions
The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution.
Article III of the Constitution establishes the Judicial Branch and the Supreme Court. It also grants Congress the power to establish courts inferior to the Supreme Court.
The Supreme Court is the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The Constitution establishes the Supreme Court and authorizes Congress to create a system of lower courts. There are currently four Article III courts: the Supreme Court, the U.S. courts of appeals, the U.S. district courts, and the U.S. Court of International Trade.
The U.S. courts of appeals, also known as appellate courts, review appealed district court cases. They determine whether the law was applied correctly in the lower courts or federal administrative agencies.
