The Judiciary: A Constitutional Cornerstone Of The Us

what in the us constitution established the judiciary

The US Constitution established the judiciary in Article III, which created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. 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 article reflects the Framers' intention to create a balanced government and avoid tyranny by ensuring a fair system of justice. The Judiciary Act of 1789 was a significant milestone, establishing the structure and jurisdiction of the federal judiciary, including the Supreme Court, thirteen district courts, and three circuit courts. The Act also provided for the position of Attorney General. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, and today, there is one Chief Justice and eight Associate Justices.

Characteristics Values
Article of the Constitution III
Judicial Power Vested in one Supreme Court and such inferior Courts as the Congress may from time to time ordain and establish
Judges Shall hold their offices during good behaviour and shall, at stated times, receive for their services, a compensation which shall not be diminished during their continuance in office
Jurisdiction Legal ability to hear a case
Judiciary Act 1789
Number of Justices Six
Lower federal court system Established
Number of seats on the Supreme Court Nine
Judicial review Ability of the Court to declare a Legislative or Executive act in violation of the Constitution
Federal court jurisdiction Broad
State courts Share jurisdiction over many matters arising under federal law and the Constitution
System of federal courts Three-part

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Article III establishes the judiciary

Article III of the US Constitution establishes the judiciary as one of the three distinct branches of the federal government. The three branches—legislative, executive, and judicial—operate within a constitutional system of checks and balances. This means that while each branch is formally separate from the other two, they must often cooperate. For example, federal laws are passed by Congress and signed by the President, but the judicial branch has the authority to decide the constitutionality of these laws and resolve other cases involving federal laws.

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 provision establishes the Supreme Court and authorizes Congress to pass laws establishing a system of lower courts. While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. 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.

Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) 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.

The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. It established the structure and jurisdiction of the federal judiciary, creating a three-part system of federal courts with broad jurisdiction while allowing state courts to share jurisdiction over many matters arising under federal law and the Constitution.

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Congress decides the structure

Article III of the US Constitution establishes the judiciary as one of the three distinct branches of the federal government. This article also created the Supreme Court and authorised Congress to establish a system of lower 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."

Article III is notably shorter than Articles I and II, which outline the legislative and executive branches. This generality raised questions that Congress had to answer in the Judiciary Act of 1789, which established the structure and jurisdiction of the federal judiciary.

Congress first exercised its power to decide the structure of the judiciary in the Judiciary Act of 1789. This Act created a Supreme Court with six justices, 13 district courts, and three circuit courts. It also established the lower federal court system. The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. It was one of the first acts of the new Congress and the founders of the new nation believed that establishing a national judiciary was one of their most important tasks.

Over the years, Congress has continued to alter the structure of the judiciary through various acts. For example, in 1891, Congress passed the Judiciary Act of 1891, also known as the Evarts Act, which created the US Courts of Appeals. This act aimed to reduce the Supreme Court's caseload by establishing intermediate appellate courts to handle most appeals from district courts. The creation of these appellate courts marked a significant reorganisation of the federal judiciary, making the judicial system more efficient. Today, the federal judiciary includes 94 district courts, 12 regional Courts of Appeals, and the Supreme Court.

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Supreme Court jurisdiction

Article III of the US Constitution establishes the judiciary as one of the three branches 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 thus created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system, establishing the structure and jurisdiction of the federal judiciary. This Act created a Supreme Court with six justices, thirteen district courts, and three circuit courts.

The Supreme Court's jurisdiction is established in Article III, Section II of the Constitution. The Court has original jurisdiction over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. However, this power is not explicitly mentioned in the Constitution and was established by the Court in the case of Marbury v. Madison (1803).

The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. This Act also established the lower federal court system and represented a compromise that allowed the state courts to share jurisdiction over many matters arising under federal law and the Constitution. The federal judiciary included district courts that exercised jurisdiction over admiralty cases, minor criminal cases, and civil suits, as well as circuit courts that served as the principal trial courts with jurisdiction over most federal crimes, disputes between citizens of different states, suits involving the government, and some appeals from the district courts.

Congress has continued to build on the interpretation of the Judiciary Act of 1789, exercising its discretionary power to expand or restrict Federal court jurisdiction. The Judiciary Act of 1891, also known as the Evarts Act, created the U.S. Courts of Appeals, establishing intermediate appellate courts to handle most appeals from district courts and reduce the Supreme Court's caseload. Today, the federal judiciary includes 94 district courts, 12 regional Courts of Appeals, and the Supreme Court.

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Federal court system

Article III of the US Constitution establishes the federal judiciary. 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."

Article III thus created the Supreme Court and authorised Congress to pass laws establishing a system of lower courts. The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. This Act established the structure and jurisdiction of the federal judiciary, creating a Supreme Court with six justices, thirteen district courts, and three circuit courts. It also provided for the position of Attorney General (AG).

The federal judiciary continued to expand in the 20th and 21st centuries. Congress created additional district and appellate courts to address the volume of federal cases. Today, the federal judiciary includes 94 district courts, 12 regional Courts of Appeals, and the Supreme Court. The 12 regional Courts of Appeals are also called U.S. courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. The nation's district courts, meanwhile, resolve disputes by determining the facts and applying the law to those facts.

The Supreme Court is the highest court in the United States. It has nine justices, including the Chief Justice. The Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison (1803). The Court has original jurisdiction over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.

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Judicial independence

The US Constitution established the judiciary in Article III, which created the judicial branch as one of the three separate and distinct branches of the federal government. This three-part system of checks and balances ensures that no single branch of government accumulates excessive power.

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 established the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. However, it is important to note that the Constitution does not specify the number of justices on the Supreme Court, and Congress has altered this number over the years through various Acts.

The Judiciary Act of 1789 was a significant milestone in the history of the US judicial system. This Act established the structure and jurisdiction of the federal judiciary, creating a Supreme Court with six justices, thirteen district courts, and three circuit courts. It also provided for the position of Attorney General, who represents the United States in legal matters.

The independence of the judiciary is protected through several measures. Firstly, federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate, ensuring a balance of power between the branches. Secondly, judges typically hold office for life, and their salaries cannot be decreased during their term, safeguarding them from external influences. These provisions are designed to protect the independence of the judiciary from the political branches of government and ensure a fair system of justice.

Frequently asked questions

Article III of the US Constitution establishes the judiciary as one of the three separate and distinct branches 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, Section II establishes the jurisdiction (legal ability to hear a case) of the Supreme Court.

Congress established the judiciary through the Judiciary Act of 1789, which created a Supreme Court with six justices, 13 district courts, and three circuit courts. The Act also established the position of Attorney General and outlined the structure and jurisdiction of the federal judiciary.

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