Eleanor Finch
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The judicial branch, established by Article III of the Constitution, includes the Supreme Court and other federal courts. It guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers. The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | Not stipulated in the Constitution; set by Congress. There have been as few as six, but since 1869, there have been nine Justices, including one Chief Justice and eight Associate Justices. |
| Selection of Supreme Court Justices | Nominated by the President, confirmed by the Senate, and hold their offices under life tenure. |
| Powers | Federal laws are passed by Congress and signed by the President. The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. |
| Jurisdiction | All cases in law and equity arising under the Constitution, laws of the United States, and treaties made; cases affecting ambassadors, public ministers, and consuls; cases of admiralty and maritime jurisdiction; controversies to which the United States is a party; controversies between two or more states, between a state and citizens of another state, between citizens of different states, or between citizens of the same state claiming lands under grants of different states; cases between a state or its citizens and foreign states, citizens, or subjects. |
| Trial | Every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers, except in cases of impeachment. |
| Checks and Balances | Each branch of government can respond to the actions of the other branches. For example, the President can veto legislation created by Congress, and Congress can remove the President from office in exceptional circumstances. |
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What You'll Learn
The judicial branch is one of the three branches of the US federal government
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch is established by Article III of the Constitution, which also created the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the government's judicial powers. It is the only part of the federal judiciary that is specifically mandated by the Constitution. The Constitution does not stipulate the number of Supreme Court Justices; instead, this number is set by Congress. There are currently nine Justices, including one Chief Justice and eight Associate Justices. All Justices are nominated by the President, confirmed by the Senate, and hold office for life.
The judicial branch includes the Supreme Court and other federal courts, such as the 13 appellate courts that sit below the Supreme Court, known as the U.S. courts of appeals. The nation also has 94 district or trial courts, called U.S. district courts, which try most federal cases. These lower federal courts were not explicitly created by the Constitution but were established by Congress using powers granted by it. The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. For example, the Supreme Court's main job is to decide if laws are constitutional.
The three branches of the US federal government operate within a constitutional system of "checks and balances," which means that while each branch is formally separate, the Constitution often requires cooperation between them. For instance, federal laws are passed by Congress and signed by the President, but judges depend on the executive branch to enforce court decisions. The judicial branch can also change the actions of other branches; the Justices of the Supreme Court, nominated by the President, can overturn unconstitutional laws.
Article III of the Constitution guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers. Trials shall be held in the state where the crimes were committed, and no person shall be convicted of treason without the testimony of two witnesses or a confession in open court.
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It includes the Supreme Court and other federal courts
The Judicial Branch of the US government is one of three separate and distinct branches, alongside the legislative and executive branches. It includes the Supreme Court and other federal courts.
Article III of the US Constitution establishes the Judicial Branch and creates the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government. The Constitution does not stipulate the number of Supreme Court Justices, leaving this to 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. Justices are nominated by the President and confirmed by the Senate. They hold office under life tenure and are insulated from political pressure when deciding cases.
Below the Supreme Court are 13 appellate courts, also known as US courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. The US also has 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.
The Judicial Branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The Supreme Court's main job is to decide if laws are constitutional. Federal courts enjoy the sole power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The Supreme Court's decisions cannot be appealed to any authority, as it is the final judicial arbiter in the US on matters of federal law.
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The Supreme Court is the highest court in the US
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. The judicial branch, established by Article III of the Constitution, includes the Supreme Court, which is the highest court in the US, as well as other federal courts. The Supreme Court was first created with six justices by the Judiciary Act of 1789, which also established the lower federal court system. Today, there is one Chief Justice and eight Associate Justices.
The Supreme Court's role is to decide the constitutionality of federal laws and resolve cases involving federal laws. It 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 or federal law. The Court's decisions can impose limitations on the scope of executive authority and define the separation of powers between the legislative and executive branches.
Justices of the Supreme Court are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These protections are in place to ensure the independence of the judiciary from political influence. Justices can change their votes on a case until the decision is finalized and published, and they have the freedom to choose whether to author an opinion or join another justice's opinion.
The Supreme Court's ability to declare a legislative or executive act in violation of the Constitution is known as judicial review. This power is not explicitly mentioned in the Constitution but was established by the Court in Marbury v. Madison. The Court's decisions can have a significant impact on the country, and it is expected to act as an independent check on other branches of government.
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The judicial branch decides the constitutionality of federal laws
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch, established by Article III of the Constitution, includes the Supreme Court and other federal courts. Article III of the Constitution also guarantees every person accused of wrongdoing the right to a fair trial.
The Supreme Court is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The number of Supreme Court Justices is not stipulated in the Constitution but is instead set by Congress. There are currently nine Justices, including one Chief Justice and eight Associate Justices. The Justices are nominated by the President and confirmed by the Senate, and they hold office for life. The Court's caseload is primarily appellate, and its decisions cannot be appealed to any authority as it is the final judicial arbiter on matters of federal law.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The Supreme Court's primary function, as outlined in Section 2 of Article III, is to decide if laws are constitutional. Federal courts have the exclusive power to interpret the law, determine its constitutionality, and apply it to individual cases. The lower federal courts, such as the district courts and courts of appeals, were not explicitly created by the Constitution but were established by Congress using the power granted to them by the Constitution.
The judicial branch operates within a system of checks and balances, where each branch of government can respond to the actions of the other branches. For example, the President can veto legislation created by Congress, and Congress can remove the President from office in exceptional circumstances. The judicial branch depends on the executive branch to enforce its decisions, and judges are appointed by the President.
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Every person accused has the right to a fair trial
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch, as outlined in Article III of the Constitution, is responsible for interpreting the law and ensuring fair and impartial trials for those accused of crimes. It is a fundamental principle of the judicial system that every person accused of a crime has the right to a fair trial, and this is recognised internationally as a human right.
The Sixth Amendment to the Constitution guarantees that "in all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury..." This right to a fair trial includes several key protections, such as the presumption of innocence until proven guilty, the right to be informed of the nature and cause of the accusation, the right to confront witnesses, and the right to legal counsel for defence.
The judicial branch, through its system of federal courts, provides a forum for these trials to take place and ensures that they are conducted fairly and in accordance with the law. The Supreme Court, established by Article III, sits at the apex of the federal court system, with the power to decide the constitutionality of laws and resolve disputes involving federal laws. Below the Supreme Court are the appellate courts, which review the decisions of lower courts, and the district courts, which handle the majority of criminal and civil cases.
The right to a fair trial is a cornerstone of democracy, limiting the power of the state and protecting the rights of individuals. It ensures that the state's authority to prosecute and punish individuals is exercised with restraint and within the boundaries of the law. This principle of separation of powers ensures that no one branch of government holds too much power and that the rights of citizens are protected through a system of checks and balances.
While the right to a fair trial is a fundamental principle, it is not without its challenges. In practice, the presumption of innocence can be undermined by various factors, such as public treatment by law enforcement, the use of restraints, mass surveillance, and pre-trial detention. However, it is the responsibility of the state to uphold this right and ensure that trials are conducted without undue delay, prioritising justice over efficiency.
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Frequently asked questions
The judicial branch is one of the three branches of the US federal government, alongside the legislative and executive branches. It was established by Article III of the US Constitution.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. It includes the Supreme Court and other federal courts.
The Supreme Court is the highest court in the US. It is the only part of the federal judiciary specifically required by the Constitution. The Supreme Court's main job is to decide if laws are constitutional.
Article III of the US Constitution guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers.
