Malcolm Rivera
Article III of the US Constitution establishes the federal judiciary and outlines the judicial branch of the US federal government. It states that the judicial power of the US shall be vested in one supreme Court and such inferior Courts as the Congress may from time to time ordain and establish. This provision in Article III authorizes the creation of lower federal courts, but does not require it, leaving it to Congress to determine the structure of the federal judiciary. The Judiciary Act of 1789 was the first legislation to establish a federal court system, creating a Supreme Court with six justices and a system of lower federal courts.
| Characteristics | Values |
|---|---|
| Established by | Congress |
| Authorized by | Article III of the Constitution |
| Number of justices | Not set by Article III |
| Judges' tenure | During good behaviour |
| Judges' salary | Cannot be reduced |
| Judges' oath | To administer justice without respect to persons |
| Jurisdiction | Cases arising under federal law, and other enumerated areas |
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What You'll Learn
Article III of the Constitution establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary, outlining the structure and operation of the judicial branch of the federal government. This article authorises the creation of a Supreme Court and empowers Congress to establish inferior or lower federal courts.
Article III, Section I 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 section establishes the Supreme Court as the highest court in the land, with the power to hear cases on appeal from lower federal courts and state courts. It also recognises Congress's authority to create and organise lower federal courts, such as district and circuit courts, as deemed necessary. The Judiciary Act of 1789 was the first exercise of this power, establishing the first inferior federal courts and outlining their jurisdiction.
Article III also addresses the tenure and compensation of federal judges. It states that judges "shall hold their Offices during good Behaviour" and that their salaries "shall not be diminished during their Continuance in Office." This provision ensures the independence of the judiciary by guaranteeing lifetime tenure and protecting judges' salaries from any decreases during their service.
Additionally, Article III defines the jurisdiction of the federal courts, outlining the types of cases they can hear. This includes cases arising under the Constitution, federal laws, and treaties, as well as controversies involving ambassadors, public ministers, and cases of admiralty and maritime jurisdiction.
The establishment of the federal judiciary through Article III was considered a crucial task by the founders of the nation. It plays a vital role in the constitutional system of checks and balances, interpreting laws and ensuring that all branches of government respect their limits.
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The Judiciary Act of 1789 established the lower federal court system
The Judiciary Act of 1789, officially called "An Act to Establish the Judicial Courts of the United States," was signed into law by President George Washington on September 24, 1789. The Act established the federal judiciary of the United States, which had only been outlined in general terms in the U.S. Constitution.
The Act created a three-part judiciary, consisting of district courts, circuit courts, and the Supreme Court. It outlined the structure and jurisdiction of each branch, with the Supreme Court at the apex, comprising one Chief Justice and five Associate Justices. The Supreme Court was granted original jurisdiction over all civil actions between states or between a state and the United States, as well as over suits involving ambassadors and other diplomatic personnel. It was also given appellate jurisdiction over decisions of the federal circuit courts and state courts, particularly in cases involving the validity of federal laws, treaties, or the Constitution.
The Judiciary Act of 1789 also established the Office of the Attorney General, who represents the United States before the Supreme Court, and it created a United States Attorney and a United States Marshal for each judicial district. The Act's authors, Senators Oliver Ellsworth and William Paterson, viewed it as a work in progress, and indeed, it has been amended over the years. However, the basic structure it established for the lower federal court system has endured.
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Congress decides how to organise the Supreme Court
Article III, Section I of the US Constitution establishes the federal judiciary, stating 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." While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it.
Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This Act also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
Over the years, Congress has passed various Acts that altered the number of seats on the Supreme Court, ranging from five to ten justices. After the Civil War, the number of seats was fixed at nine, which remains the current structure: one Chief Justice and eight Associate Justices.
The Judiciary Act of 1789 also addressed questions raised by Article III of the Constitution, which is notably shorter than Articles I and II, which created the legislative and executive branches, respectively. The First Congress decided it could regulate the jurisdiction of all Federal courts, establishing a limited jurisdiction for the district and circuit courts. This Act also granted the Supreme Court the original and appellate jurisdiction provided for in the Constitution.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court of the United States is established by Article III of the Constitution, which also establishes the judicial branch of the federal government. Article III, Section I 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."
Article III, therefore, authorises a single Supreme Court and permits Congress to decide how to organise it and whether to establish other federal courts. The Constitution does not set the number of justices that must be appointed to the Supreme Court, but since the Judiciary Act of 1869, there have been nine justices: one chief justice and eight associate justices.
Article III, Section II establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. The Court 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. For example, this includes cases where the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Judiciary Act of 1789 was one of the first acts of the new Congress and established a federal court system. This Act created a Supreme Court with six justices and also established the lower federal court system. The Act gave the Supreme Court original jurisdiction, as provided for in the Constitution, and granted the Court appellate jurisdiction in cases from the federal circuit courts and state courts where federal claims had been rejected.
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The Supreme Court has the power of judicial review
Article III, Section I of the U.S. 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 provision authorizes the creation of lower courts, but does not require it, leaving it to Congress to determine whether other federal courts would be part of the judiciary.
The Judiciary Act of 1789, signed by President Washington, established a federal court system, creating a Supreme Court with six justices and establishing the lower federal court system. This Act also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution, but it was established by the Court in the case of Marbury v. Madison (1803). In this landmark case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand, as Article VI of the Constitution establishes the Constitution as the supreme law.
The Supreme Court has also established its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court began ruling that most of the provisions of the Bill of Rights were applicable to the states as well as the federal government. This means that the Court has the final say over when a right is protected by the Constitution or when a Constitutional right has been violated.
The power of judicial review is an essential tool for maintaining the balance of power between the three branches of government: legislative, executive, and judicial. It ensures that each branch recognizes the limits of its own power and operates within a system of checks and balances.
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Frequently asked questions
The Constitution is a document that outlines the structure and operation of the federal judiciary in the United States, including the establishment of the Supreme Court and the authorization of Congress to create a system of lower courts.
The Supreme Court is the highest court in the land and is established by Article III of the Constitution. It has original jurisdiction over certain cases and appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law.
Inferior or lower courts are established by Congress and operate alongside the Supreme Court as part of the federal judiciary. They include district courts, circuit courts, and bankruptcy courts.
The Judiciary Act of 1789 was one of the first acts of the new Congress, signed by President Washington. It established a federal court system, creating a Supreme Court with six justices and outlining the jurisdiction of the district and circuit courts.
The federal courts, including both the Supreme Court and inferior courts, play a crucial role in the constitutional system of "checks and balances." They interpret and decide on the constitutionality of federal laws, resolve disputes, and ensure that each branch of government recognizes its limits.
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