Omar Bennett
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 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. This separation of powers ensures that the judiciary is independent of the legislature (Congress) and the executive (the President). The Constitution grants the judicial branch the authority to interpret laws passed by Congress, ensuring their constitutionality and applicability in legal disputes. This power of judicial review allows the Supreme Court to declare acts of Congress or state laws unconstitutional if they violate the Constitution, protecting civil rights and liberties, and ensuring no branch of government accumulates excessive power.
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What You'll Learn
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 it 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. The number of seats on the Supreme Court has varied over the years, but since shortly after the Civil War, there have been nine justices in total: one Chief Justice and eight Associate Justices.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction over 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 Supreme Court's best-known power is judicial review: the ability to declare a Legislative or Executive act in violation of the Constitution. Through this power, the 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 by striking down laws that violate the Constitution.
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Congress decides the structure of federal courts
Article III of the US Constitution establishes the federal judiciary and gives Congress the power to decide the structure of federal courts. This article 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. 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. The number of seats was fixed at nine shortly after the Civil War, and this remains the case today, with one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of the government recognises the limits of its power, protecting civil rights and liberties by striking down laws that violate the Constitution.
Below the Supreme Court are 13 appellate courts, also known as US courts of appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. There are also 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts. These courts are managed by district court judges, who can be impeached and removed by Congress.
Congress has the power to create inferior federal courts and limit their jurisdiction. This power has been affirmed by Supreme Court holdings, which have established the breadth of congressional power in this area.
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Federal judges are appointed by the President
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".
Article III, Section I, also specifies that federal judges, including those of the Supreme Court, are appointed by the President and confirmed by the Senate. This is further supported by the Judiciary Act of 1789, which established a Supreme Court with six justices.
The Constitution grants Congress the power to decide how to organise the Supreme Court and create lower federal courts, also known as "inferior courts". This power was first exercised in the Judiciary Act of 1789, which also established the lower federal court system.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court. The Court currently consists of one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the land and serves as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises its limitations and protects civil rights and liberties by striking down laws that violate the Constitution.
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Judicial review: the power to declare acts of Congress unconstitutional
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 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 create lower federal courts, or "inferior courts", as needed.
The Constitution also defines the scope of judicial power, stating that it "shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority". This includes cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime cases, controversies involving the US or multiple states, and cases between citizens of different states or between citizens and foreign states.
While the Constitution does not explicitly mention judicial review, this power was established in the landmark case of Marbury v. Madison in 1803. Judicial review refers to the Supreme Court's authority to review and strike down acts of Congress that are found to be in violation of the Constitution. This power is derived from the principle that the Constitution is the supreme law of the land, as established in Article VI of the Constitution.
The Supreme Court's power of judicial review plays a crucial role in maintaining the balance of power between the branches of government. It ensures that each branch recognises the limits of its own power and prevents the passage of laws that violate the Constitution and the fundamental rights and liberties it protects.
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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." This gives the Supreme Court the authority to interpret and apply the law of the land, including the Constitution, and to act as a check on the other branches of government.
The Supreme Court plays a crucial role in protecting civil rights and liberties by ensuring that laws and government actions do not violate the Constitution. This power of judicial review allows the Court to strike down laws that are found to be unconstitutional, thereby safeguarding the rights and freedoms guaranteed to the people. For example, in the case of Griswold v. Connecticut in 1965, the Supreme Court recognized an individual's "right to privacy" protected by the Constitution, which was later used as a basis for the right to abortion in Roe v. Wade.
The Supreme Court has also driven significant social change in areas such as civil rights, women's rights, gay rights, and the rights of criminal defendants, protesters, and the press. For instance, in Miranda v. Arizona in 1966, the Court ruled that a confession obtained during police interrogation without informing the defendant of their right to an attorney was inadmissible, protecting the defendant's right against self-incrimination under the Fifth Amendment.
However, the Court has also faced criticism for some of its decisions, such as in Lawrence v. Texas, where it initially upheld the constitutionality of a law criminalizing homosexual sodomy, and more recently, in cases involving abortion, voting rights, and tribal sovereignty, where critics argue the Court has curtailed civil rights and individual freedom.
While the Supreme Court is the highest court in the land, state supreme courts also play an important role in advancing and protecting civil rights and liberties. Each state has its own constitution and laws, and state supreme courts can interpret these provisions to provide broader protections than those recognized by the US Supreme Court under federal law.
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Frequently asked questions
The US Constitution establishes the federal judiciary and 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 the federal courts have the judicial power, not the President, Congress, or the states.
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognizes its power limits. It also protects civil rights and liberties by striking down laws that violate the Constitution.
The judicial power extends to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. It covers cases affecting ambassadors, public ministers, and consuls, as well as cases of admiralty and maritime jurisdiction. It also includes controversies involving the US or between different states and their citizens.
