Eleanor Finch
The Constitution of the United States establishes the federal judiciary and outlines the judicial power of the nation's highest court, the Supreme Court. Article III of the Constitution sets up the judicial branch, vesting power in the Supreme Court and outlining the types of cases federal courts can hear. The Constitution grants the Supreme Court the authority to review and strike down laws that violate the Constitution, ensuring that each branch of government recognizes its limits. This power of judicial review, established in Marbury v. Madison (1803), allows the Supreme Court to declare acts of Congress unconstitutional. The Supreme Court also has appellate jurisdiction, allowing it to hear cases on appeal involving constitutional or federal law. The Constitution empowers Congress to create lower courts, known as inferior courts, and decide on their organisation, including the number of seats. The federal judiciary, including the Supreme Court, is separate from the legislature (Congress) and the executive (the President), creating a system of checks and balances to safeguard democracy and the rule of law.
| Characteristics | Values |
|---|---|
| Judicial power | Vested in one Supreme Court and in inferior courts established by Congress |
| Federal judiciary | Established by Article III of the Constitution |
| Jurisdiction | The Supreme Court has appellate jurisdiction on cases involving the Constitution, federal law, treaties, ships on the high seas, and more |
| Judicial review | The Supreme Court can declare acts of Congress unconstitutional if they violate the Constitution |
| Judges | Appointed by the President and confirmed by the Senate |
| Congress | Has the power to define and limit the jurisdiction of federal courts, influencing the types of cases they hear and the scope of their decisions |
| Can impeach and remove federal judges for misconduct or abuse of power | |
| Can declare the punishment for treason |
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What You'll Learn
The Supreme Court is the highest court in the US
The Supreme Court of the United States is the highest federal court in the country. It was established in 1789 by Article III of the Constitution, which outlines the federal judiciary. 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."
The Constitution gives Congress the power to decide how to organise the Supreme Court. 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. 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: one Chief Justice and eight Associate Justices. Justices are appointed by the President and confirmed by the Senate, and they typically hold office for life.
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 power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison.
The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the land, it is the final arbiter of justice and ensures that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to safeguard the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law.
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Congress can decide how to organise the Supreme Court
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."
This means that while the Constitution establishes the Supreme Court, it also gives Congress the power to decide how to organise 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.
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. Shortly after the Civil War, the number of seats was fixed at nine, which remains the case today, with one Chief Justice and eight Associate Justices.
Congress has the power to create inferior federal courts and to limit their jurisdiction to particular objects. The jurisdiction of the inferior federal courts is subject to congressional prescription. Congress also has the power to regulate modes and practices of proceeding on the part of the inferior federal courts.
Congress has the power to declare the punishment for treason, but no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted.
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The Supreme Court has appellate jurisdiction
Article III of the US Constitution establishes the federal judiciary, vesting power in the Supreme Court and outlining the types of cases that federal courts can hear. The Constitution is clear that the federal courts have "the judicial Power of the United States", not the President, Congress, or the states.
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."
Congress has the power to decide how to organise the Supreme Court and can also define and limit 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 Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction. The Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The Supreme Court's power of judicial review is essential for ensuring that each branch of government recognises its limits. The Court can declare acts of Congress unconstitutional if they violate the Constitution, and it can also strike down state laws found to be in violation of the Constitution.
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The Supreme Court can declare acts of Congress unconstitutional
The US Constitution establishes the federal judiciary in Article III, which 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 gives the Supreme Court the authority to review and interpret the laws and actions of the legislative and executive branches of the government, including acts of Congress.
The Supreme Court's power to declare acts of Congress unconstitutional is derived from its authority to engage in judicial review. While the term "judicial review" is not explicitly mentioned in the Constitution, the Supreme Court has established this power through several landmark cases. One of the earliest examples of the Supreme Court's judicial review was in the case of United States v. Yale Todd in 1794, where the Court reversed a pension decision, finding that the act of Congress designating judges to decide pensions was not constitutional.
Another significant case that affirmed the Supreme Court's power of judicial review was Marbury v. Madison in 1803. In this case, the Supreme Court asserted its authority to strike down an act of Congress that was contrary to the Constitution. The Court held that the Constitution was the supreme law of the land and, therefore, any act of Congress that conflicted with it could not stand. This case established a crucial precedent for the Supreme Court's role in interpreting and upholding the Constitution.
Over the years, the Supreme Court has played a vital role in ensuring that the legislative and executive branches of the government operate within the limits set by the Constitution. The Court has the authority to declare acts of Congress unconstitutional if they violate constitutional provisions, such as civil rights and liberties, or the allocation of powers between the federal and state governments. For example, in City of Boerne v. Flores (1997), the Supreme Court held that the interim provisions of the Brady Handgun Violence Prevention Act, which required state and local law enforcement officers to conduct background checks on prospective handgun purchasers, were inconsistent with the Constitution's allocation of power between the federal and state governments.
The Supreme Court's decisions have had a profound impact on society, shaping the interpretation and application of constitutional rights and liberties. The Court's power to declare acts of Congress unconstitutional is a crucial check and balance in the US constitutional system, ensuring that the government's actions align with the nation's fundamental values and principles.
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The Supreme Court protects civil rights and liberties
Article III of the US Constitution establishes the federal judiciary, with Article III, Section I 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." This provision grants the Supreme Court the authority to exercise judicial power and uphold the Constitution.
The Supreme Court plays a crucial role in safeguarding civil rights and liberties. As the highest court in the nation, it serves as the final arbiter of justice, ensuring that the rights enshrined in the Constitution are protected. The Court's power of judicial review enables it to strike down laws that contravene the Constitution, thereby safeguarding civil liberties. This power, derived from the Marbury v. Madison case in 1803, empowers the Court to declare acts of Congress or the Executive branch unconstitutional.
The Supreme Court's rulings have had a profound impact on civil rights and liberties, particularly during the social upheavals of the 1950s and 1960s. During this period, the Court advanced civil rights, women's rights, gay rights, and the rights of criminal defendants, protesters, and the press. For instance, in Miranda v. Arizona (1966), the Court upheld the Fifth Amendment right against self-incrimination, ruling that defendants must be informed of their right to legal counsel during police interrogations.
However, the Court has also faced criticism for certain rulings that appeared to undermine civil rights and liberties. For instance, in Lawrence v. Texas, the Court initially upheld the constitutionality of a state law criminalizing homosexual conduct, prioritizing the state's interest in regulating moral conduct over individual privacy rights.
The Supreme Court's role in protecting civil rights and liberties is essential for maintaining the checks and balances within the democratic system. By ensuring that the majority's views do not infringe upon the fundamental rights of minorities, the Court safeguards the core values of freedom of speech, freedom of religion, and due process of law for all Americans.
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Frequently asked questions
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 means that the federal judiciary is established by the Constitution, with the Supreme Court at the top. Congress has the power to decide how to organise the Supreme Court and create lower courts as necessary.
The Constitution outlines the types of cases the federal courts can hear. This includes cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. It also includes cases affecting ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction cases.
No, federal courts do not have the power to pass legislation or enforce laws. The power to pass legislation lies with Congress, while the President is responsible for enforcing the laws enacted by Congress.
The Supreme Court plays a crucial role in the constitutional system of government. It is the highest court in the land and serves as the court of last resort for those seeking justice. The Court's power of judicial review ensures that each branch of government recognises its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
