Isabella Carter
The United States Constitution establishes the Supreme Court and outlines its jurisdiction, or legal ability to hear a case. Article III, Section I of the Constitution vests the judicial Power of the United States in a single supreme Court, while Section II establishes the Court's jurisdiction. The Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. The Supreme Court's best-known power, judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, was established in the case of Marbury v. Madison (1803) and is not explicitly mentioned in the Constitution.
| Characteristics | Values |
|---|---|
| Established by | Article III of the Constitution |
| Judiciary power | Vested in one Supreme Court and in such inferior Courts as the Congress decides |
| Number of justices | Six in 1789; nine today (one Chief Justice and eight Associate Justices) |
| Jurisdiction | Original jurisdiction over cases between two or more states, cases involving ambassadors, other public ministers, and consuls; appellate jurisdiction over almost any other case involving a point of constitutional or federal law |
| Judicial review | The ability to declare a Legislative or Executive act in violation of the Constitution |
| Judges' tenure | Hold office during good behaviour and receive compensation that cannot be diminished during their continuance in office |
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What You'll Learn
The Supreme Court's jurisdiction
Article III, Section I of the US Constitution establishes the federal judiciary, stating:
> "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. This Act also established the lower federal court system.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. The Court has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
The Supreme Court's best-known power, judicial review, is the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison (1803) and is not explicitly mentioned in the Constitution.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes its own limits.
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Judicial review
The US Constitution establishes the Supreme Court in Article III, Section I: "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 article also states that judges of the Supreme Court "shall hold their offices during good behaviour" and will receive compensation that cannot be reduced during their time in office.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. 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's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this case, the Court decided that an Act of Congress that contradicts the Constitution could not stand, and that the Constitution is the supreme law of the land.
The Court's power of judicial review is essential for ensuring that each branch of government recognises the limits of its own power. The Court has the final say on when a right is protected by the Constitution or when a Constitutional right is violated. It has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states or cases involving ambassadors. The Court 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.
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Original jurisdiction
The Constitution grants the Supreme Court original jurisdiction in a small class of cases described in Article III, Section 2. Original jurisdiction means that the Supreme Court can hear a case directly without it first being heard in a lower court. This only applies to specific cases, such as those involving disputes between different states, suits between a state and citizens of another state, or cases involving diplomats from foreign countries.
The Supreme Court's original jurisdiction is derived from Article III of the Constitution, which states that the Court shall have original jurisdiction "in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party". This means that the Supreme Court has the authority to hear cases involving representatives of foreign nations and disputes to which a state is a party.
The Supreme Court has interpreted its original jurisdiction broadly, asserting that it can provide forms of process and rules of procedure in the absence of congressional enactments. For example, in Chisholm v. Georgia, the Court sustained its jurisdiction over an action of assumpsit against Georgia by a citizen of another state, even though the Judiciary Act of 1789 did not authorise such actions.
While the Supreme Court has original jurisdiction in certain types of cases, it has rarely exercised this jurisdiction over foreign officials. Instead, the Court's original docket has primarily focused on resolving disputes between state governments, such as disputes over state boundaries, water rights, tax, and interstate pollution issues.
The Supreme Court's original jurisdiction is concurrent with that of lower federal courts in some cases. For example, in United States v. Louisiana, the state of Louisiana moved for a jury trial in a suit involving the Supreme Court's original jurisdiction, but the Court denied the motion, ruling that it was an equity action and not an action at law.
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Appellate jurisdiction
Article III of the US Constitution outlines the Supreme Court's appellate jurisdiction, which is further defined by federal statutes. This framework allows the Supreme Court to maintain a central role in shaping American law, providing a final and authoritative interpretation of the Constitution and statutory laws within the federal judiciary system.
The Supreme Court's appellate jurisdiction refers to its authority to review decisions made by lower courts. Under original jurisdiction, cases are heard for the first time. Under appellate jurisdiction, the Supreme Court can review cases already decided in lower federal or state supreme courts. This encourages consistency in the application of federal law across the United States.
Most cases come to the Supreme Court on appeal. The Court primarily exercises this power through writs of certiorari. This is where it chooses to review cases that have significant legal or constitutional questions. This selective process is important because the Supreme Court receives thousands of petitions annually, but hears only a fraction of these cases. The Court focuses on cases with broad legal implications and looks for cases in which lower courts have interpreted federal law differently.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case. The Court is not obligated to take and decide cases meeting jurisdictional standards. However, early decisions of the Supreme Court emphasized the mandatory nature of appellate review.
The 1789 Judiciary Act granted the Supreme Court only a portion of the appellate jurisdiction described in the Constitution. Congress granted the power to review by writ of error final judgments in civil actions in the circuit courts, either filed there originally or on appeal, in which the amount in controversy exceeded $2,000.
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The Supreme Court's authority
The Supreme Court is the highest court in the United States, and its role is established by Article III of the US Constitution. Article III, Section I 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."
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case when exercising its appellate jurisdiction.
The Supreme Court has nine justices: one Chief Justice and eight Associate Justices. The number of seats on the Court has varied over time, ranging from five to ten, but it was fixed at nine shortly after the Civil War. The justices of the Supreme Court are appointed by the President and confirmed by the Senate. They hold their offices during "'good behaviour'" and receive compensation that cannot be diminished during their continuance in office. While there have been proposals for term limits and mandatory retirement ages, the Court currently lacks these restrictions.
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Frequently asked questions
The Constitution establishes the jurisdiction of the Supreme Court in Article III, Section II. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. The Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Constitution establishes the federal judiciary in Article III, Section I, which 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 has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The number of seats on the Supreme Court has varied over the years, but it was fixed at nine shortly after the Civil War. Today, there is one Chief Justice and eight Associate Justices.
