The Supreme Court: Understanding Judicial Power

The Constitution of the United States establishes the federal judiciary and outlines the structure and function of the judicial branch, which includes the Supreme Court and inferior courts established by Congress. 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. This separation of powers ensures that the judiciary is independent of the legislature (Congress) and the executive (the President). The Supreme Court, as the highest court in the land, serves as the court of last resort and plays a crucial role in safeguarding civil rights and liberties by interpreting and upholding the Constitution. Through judicial review, the Supreme Court can declare acts of Congress or state laws unconstitutional if they violate constitutional principles, ensuring a system of checks and balances across the different branches of government.

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The Supreme Court is the highest court in the US

The US Constitution establishes the federal judiciary and outlines the judicial power of the United States. 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."

This excerpt from the Constitution makes it clear that the judicial power of the United States is held by the federal courts, specifically the Supreme Court, which is the highest court in the land. The Supreme Court is distinct from the legislature (Congress) and the executive (the President). The Constitution grants Congress the power to create lower federal courts, or "inferior courts", as needed.

The Supreme Court plays a crucial role in the constitutional system of government in the United States. As the highest court in the nation, it is the court of last resort for those seeking justice. The Court's power of judicial review is significant, as it enables the Court to ensure that each branch of government respects the limits of its power. This power of judicial review allows the Supreme Court to declare a Legislative or Executive act in violation of the Constitution.

The Supreme Court also plays a vital role in safeguarding civil rights and liberties by striking down laws that are deemed unconstitutional. This ensures that the fundamental values shared by all Americans, such as freedom of speech, freedom of religion, and due process of law, are upheld. The Court's decisions have far-reaching implications for society as a whole, extending beyond lawyers and judges.

The Supreme Court's jurisdiction extends to a wide range of cases, including those involving constitutional and federal law, treaties, admiralty cases, and controversies involving the United States or multiple states. The Court has the discretion to decide whether to hear a case on appeal, with the Certiorari Act of 1925 granting them this authority.

In summary, the US Constitution establishes the Supreme Court as the highest court in the nation, with the power to interpret and uphold the Constitution, protect civil rights, and ensure a balanced distribution of power across the branches of government.

Congress can impeach and remove federal judges

Article III of the US 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 the Congress may from time to time ordain and establish." This means that while the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it and to create lower federal courts.

Article III also governs the appointment, tenure, and payment of federal judges. These judges, often referred to as "Article III judges," are nominated by the President and confirmed by the US Senate. They hold their office during "good behaviour," which means they have a lifetime appointment, except under very limited circumstances.

Article III judges can only be removed from office through impeachment by the House of Representatives and conviction by the Senate. This is a rare occurrence, as it requires a majority vote in the House and a two-thirds vote in the Senate. As of September 2017, only 15 federal judges have been impeached, and only eight have been convicted. The impeachment of federal judges has historically been reserved for cases involving criminal misconduct or ethical violations, such as accepting bribes, abuse of power, tax evasion, and remaining on the bench following a criminal conviction.

The process of impeaching a federal judge typically involves the following steps:

• A complaint is filed against a judge, alleging misconduct or ethical violations.
• The complaint is reviewed by a judicial council, which can take disciplinary action or refer the matter to the Judicial Conference if impeachment may be warranted.
• If the Judicial Conference finds possible grounds for impeachment, it submits a report to the House of Representatives.
• The House of Representatives votes on impeachment, and if a majority votes in favour, the judge is impeached.
• The Senate then conducts a trial, and if two-thirds of the Senators present convict the judge, they are removed from office.

In recent years, there have been calls for the impeachment of federal judges who have blocked or ruled against certain executive orders and policies. These calls have sparked debates about the limits of judicial oversight, the independence of the judiciary, and the constitutional system of checks and balances. Critics argue that using impeachment as a political tool could threaten the separation of powers.

Federal courts have the power to decide certain cases

Article III of the US Constitution establishes the federal judiciary, outlining the types of cases federal courts can hear and vesting power in the Supreme Court. It 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 Constitution is clear that the federal courts have "the judicial Power of the United States", not the President, Congress, or the states. This power includes the ability to decide certain cases and resolve controversies by interpreting relevant laws and applying them to the facts of a case. Federal courts have the power to hear cases arising under the Constitution, the laws of the United States, and treaties made under their authority. This includes cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime cases. The Supreme Court has original jurisdiction in cases affecting ambassadors and those in which a state is a party, and appellate jurisdiction in all other cases.

Congress has the power to define and limit the jurisdiction of federal courts, influencing the types of cases they hear and the scope of their decisions. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system. Congress has also altered the number of seats on the Supreme Court over the years, ranging from five to ten justices. The Certiorari Act of 1925 gives the Supreme Court discretion in deciding whether to hear a case on appeal.

The Supreme Court's best-known power is judicial review, established in Marbury v. Madison (1803). This power allows the Court to declare acts of Congress or state laws unconstitutional if they violate the Constitution. This power is not explicitly stated in the Constitution, and critics argue that it gives the courts too much power over other branches of government. However, the system of checks and balances ensures that no single branch accumulates excessive power, safeguarding the principles of democracy and the rule of law.

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The Supreme Court has appellate jurisdiction

Article III of the US Constitution establishes the federal judiciary, vesting the judicial power of the United States in a Supreme Court and such inferior courts as Congress may establish. The Constitution gives Congress the power to decide how to organise the Supreme Court and to create lower federal courts, or "inferior courts".

The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.

The Supreme Court's power of judicial review is its best-known power, though it is not explicitly mentioned in the Constitution. Judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution, ensuring that each branch of government recognises the limits of its power. The Supreme Court's power of judicial review was established in the landmark case of Marbury v. Madison in 1803.

The Supreme Court protects civil rights and liberties

Article III of the US 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 the Congress may from time to time ordain and establish." This gives the Supreme Court the authority to interpret and apply the law of the land, including the Constitution, in a way that protects the rights and liberties of the people.

The Supreme Court plays a crucial role in safeguarding civil rights and liberties by striking down laws that violate the Constitution. This power of judicial review ensures that all branches of government respect the limits of their power and uphold fundamental rights. For example, in the case of Miranda v. Arizona in 1966, the Supreme Court ruled that a defendant's confession was inadmissible because the police had failed to inform him of his right to have an attorney present during interrogation. The Court found that the interrogation had violated the Fifth Amendment's protection against self-incrimination.

The Supreme Court has also driven significant social change and advanced civil rights, including women's rights, gay rights, and the rights of criminal defendants, protesters, and the press. For instance, in Griswold v. Connecticut in 1965, the Court recognized an individual's right to privacy in matters of reproductive care, paving the way for the legalization of contraception and, later, abortion.

However, the Supreme Court has also faced criticism for its decisions that appear to curtail civil rights and liberties. In recent years, the Court has been accused of reducing protections for reproductive freedom, voting rights, and fair representation. For example, in Lawrence v. Texas, the Court initially upheld the constitutionality of a law criminalizing homosexual sodomy, prioritizing the state's interest in regulating moral conduct over individual privacy rights.

Despite these setbacks, the Supreme Court remains an essential safeguard for civil rights and liberties, providing a check on the powers of the other branches of government and ensuring that the fundamental values of freedom and due process are upheld.

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