The Constitution's Judicial Power: Explained

what does the constitution specify about judical 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 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 the judicial branch 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 the Constitution and ensuring that all branches of government respect their limits. The Court's power of judicial review allows it to declare acts of Congress or state laws unconstitutional if they violate the Constitution, reinforcing the system of checks and balances in American democracy.

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The Supreme Court is the highest court in the US

The US Constitution establishes the federal judiciary and outlines the scope of its powers. 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 explicitly recognises the Supreme Court as the highest court in the US, with the power to interpret and apply federal laws and the Constitution. The Supreme Court is distinct from the legislature (Congress) and the executive (the President), serving as a check on the power of these branches.

The Constitution grants Congress the authority to establish inferior courts, determine their structure, and define the jurisdiction of federal courts. This includes the power to impeach and remove federal judges, including Supreme Court justices, for misconduct or abuse of power.

The Supreme Court's power of judicial review, established in the landmark case of Marbury v. Madison (1803), is a crucial aspect of its role. The Court can declare legislative or executive acts unconstitutional if they violate the Constitution. This power ensures that each branch of government respects its limits and protects civil rights and liberties.

The Supreme Court has original jurisdiction in cases involving:

  • Ambassadors, other public ministers, and consuls
  • Controversies in which a state is a party

In all other cases, the Court has appellate jurisdiction, with the discretion to decide whether to hear a case on appeal. The Court's decisions have a significant impact on society, influencing the interpretation and application of constitutional and federal laws.

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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 create inferior courts.

Congress has the power to impeach and remove federal judges from office. This is a two-step process: the House of Representatives can impeach a judge with a simple majority vote, and the Senate holds a trial to determine whether removal is appropriate. A judge can only be removed from office following a trial and a vote to convict by a two-thirds majority of the Senate.

Impeachment of federal judges is rare and usually limited to serious ethical or criminal misconduct, such as perjury, fraud, or conflicts of interest. For example, in 1936, Halsted Lockwood Ritter of the US District Court for the Southern District of Florida was impeached and removed from office for favouritism in appointing bankruptcy receivers and practising law while sitting as a judge. Similarly, in 1989, Alcee Hastings became the sixth federal judge in US history to be impeached and removed by the Senate for bribery and perjury.

In recent years, there have been calls to impeach judges for political reasons, such as rulings against the Trump administration's policies. However, this goes against the centuries-old understanding that impeachment is not a response to disagreement with judicial decisions. Chief Justice John Roberts emphasised this point, stating that "for more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision."

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Federal judges interpret the law

Article III of the US Constitution establishes the federal judiciary and outlines the judicial power of the United States. It states that the judicial power shall be vested in one Supreme Court and such inferior courts as Congress may establish from time to time. This structure ensures a system of checks and balances, preventing any single branch of government from accumulating excessive power.

The Constitution grants the federal judiciary the authority to interpret and apply the law, ensuring the laws' constitutionality and applicability in legal disputes. Federal judges interpret the law by deciding on cases and resolving controversies in a neutral and objective manner. They do not have the power to enact legislation or enforce laws, as those powers belong to Congress and the President, respectively.

The Supreme Court, as the highest court in the land, is the final arbiter of justice and plays a crucial role in safeguarding civil rights and liberties. It ensures that each branch of government recognises its own limitations and protects the rights of citizens by striking down laws that violate the Constitution.

Through the process of judicial review, established in the landmark case of Marbury v. Madison (1803), the Supreme Court can declare acts of Congress unconstitutional if they contravene the Constitution's principles and provisions. This power is not explicitly mentioned in the text of the Constitution but has become one of the Court's most well-known and significant roles.

The Supreme Court's jurisdiction extends to a wide range of cases, including those involving constitutional and federal law, treaties, admiralty, and controversies involving the United States or multiple states. It has original jurisdiction in cases affecting ambassadors, public ministers, and consuls, and appellate jurisdiction in most other cases, with a few exceptions.

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The Supreme Court has original and appellate jurisdiction

Article III of the US Constitution establishes the federal judiciary, vesting judicial power in a Supreme Court and such inferior courts as Congress may establish from time to time. This structure ensures a system of checks and balances, preventing any branch of government from accumulating excessive power.

The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, as well as those in which a state is a party. This means it is the court of first instance for these types of cases, which often involve matters of constitutional law, federal law, or treaties.

The Court's original jurisdiction also extends to issuing writs of mandamus, legal orders compelling government officials to act in accordance with the law. This power was established by the Judiciary Act of 1789, demonstrating the Court's authority to ensure government officials act lawfully.

In all other cases mentioned in Article III, the Supreme Court has appellate jurisdiction. This means it can hear appeals on cases involving constitutional and federal law, treaties, admiralty, and maritime jurisdiction, among other specified areas. The Certiorari Act of 1925 gives the Court discretion in deciding whether to hear these appeals, with the Court agreeing to review around 100-150 cases each year out of the 7,000+ requests it receives.

The Supreme Court's appellate jurisdiction is significant as it allows the Court to exercise judicial review. This power, established in Marbury v. Madison (1803), enables the Court to declare acts of Congress or state laws unconstitutional if they violate the Constitution. By doing so, the Court ensures that each branch of government recognises its limits and protects civil rights and liberties.

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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." The Constitution grants Congress the power to decide how to organise the Supreme Court.

The Supreme Court plays a crucial role in protecting civil rights and liberties. As the highest court in the land, it serves as the final arbiter for those seeking justice. Its power of judicial review ensures that each branch of government respects its limits and that laws violating the Constitution are struck down.

The Supreme Court's rulings have had a significant impact on civil rights, including racial equality, women's rights, gay rights, and the rights of criminal defendants, protesters, and the press. For example, in the 1950s and 1960s, the Court's rulings contributed to significant advances in civil rights, such as the Civil Rights Act of 1964, which was a comprehensive civil rights law enforcing the Fourteenth Amendment's equal protection mandate.

The Supreme Court has also played a role in protecting reproductive rights. The 1965 case of Griswold v. Connecticut legalised contraception by recognising an implicit "right to privacy" in the Constitution. This right to privacy was later cited in Roe v. Wade, which established a woman's right to abortion under the Fourteenth Amendment's Due Process Clause.

However, the Supreme Court has also faced criticism for some of its decisions that have curtailed civil rights and individual freedoms, such as in the areas of abortion, voting rights, and tribal sovereignty. Despite this, the Court remains an essential safeguard for civil rights and liberties, and its decisions continue to shape the legal landscape of the nation.

In conclusion, the Supreme Court's role in protecting civil rights and liberties is complex and evolving. While it has driven fundamental social change, it has also faced challenges and criticism in certain areas. The Court's interpretations of the Constitution and its power of judicial review continue to shape the civil rights landscape in the United States.

Frequently asked questions

The US Constitution establishes the federal judiciary and outlines the structure and function of the judicial branch. It states that the judicial power of the US shall be vested in one Supreme Court and in inferior courts established by Congress.

The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court also plays a role in ensuring that each branch of government recognizes the limits of its power and protects civil rights and liberties.

The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, as well as those in which a state is a party. It has appellate jurisdiction in all other cases, including those involving the US as a party, treaties, and ships on the high seas (admiralty cases).

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