The Supreme Court: What The Constitution Says

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Article III of the Constitution establishes the federal judiciary, and 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. The Constitution establishes the Supreme Court but permits Congress to decide how to organize it. The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case, while appellate jurisdiction means that the Court can review the decisions of lower courts. The Supreme Court's power and prestige grew substantially during the Marshall Court (1801-1805), and it has since played a crucial role in ensuring that each branch of government recognises the limits of its power.

Explore related products

The Supreme Court and the Constitution (University Casebook Series)

$295.6

The Supreme Court and The Constitution: Readings in American Constitutional History

$51.59

Listening to the Law: Reflections on the Court and Constitution

$22.38 $32

The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court

$36.21 $39.99

CONGRESS, THE CONSTITUTION, AND THE SUPREME COURT (NEW REVISED AND ENLARGED EDITION)

$30.75

A People's History of the Supreme Court: The Men and Women Whose Cases and Decisions Have Shaped Our Constitution: Revised Edition

$16.64 $24

The Constitution establishes the Supreme Court and permits Congress to decide its organisation

The US Constitution establishes the Supreme Court in Article III, Section I, which 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 permits Congress to decide how to organise the Supreme Court, and Congress 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, from a low of five to a high of 10. The current number of justices on the Supreme Court is nine, consisting of one Chief Justice and eight Associate Justices. These justices are appointed for life.

Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining when it has original jurisdiction (the case is tried before the Court) and when it has appellate jurisdiction (the Court can hear the case on appeal). The Court has original jurisdiction over cases involving suits between two or more states, cases involving ambassadors and other public ministers, and certain other cases specified in the Constitution. It has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law, such as cases to which the United States is a party or cases involving treaties.

The Supreme Court's power and prestige grew significantly during the Marshall Court era (1801-1835), when it established the power of judicial review over acts of Congress through the landmark case of Marbury v. Madison (1803). This power allows the Court to declare a Legislative or Executive act in violation of the Constitution and to strike down state laws found to be unconstitutional. The Court also has the authority to strike down presidential directives for violating the Constitution or statutory law.

The Supreme Court has original and appellate jurisdiction

Article III, Section I of the US Constitution establishes the Supreme Court of the United States, and Article III, Section II establishes the jurisdiction of the Supreme Court. The Court has both original and appellate jurisdiction.

Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Court's original jurisdiction also covers cases in which a state is a party, and cases of admiralty and maritime jurisdiction.

Appellate jurisdiction means that the Court can review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts. Parties who are not satisfied with the decision of a lower court must petition the Supreme Court. The primary means to do this is to ask the Court to grant a writ of certiorari, which is a request for the Supreme Court to order a lower court to send up the record of the case for review. The Court usually only hears these cases if they could have national significance, might harmonize conflicting decisions in federal Circuit courts, or could have precedential value. When exercising its appellate jurisdiction, the Court does not have to hear a case, and the Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so.

The Supreme Court has nine Justices, including 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 the final say on Constitutional rights

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It is composed of nine members: one chief justice and eight associate justices. The Constitution establishes the Supreme Court in Article III, Section I, 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.”

While the Constitution establishes the Supreme Court, it permits Congress 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. The size of the court has varied over the years, but since shortly after the Civil War, the number of seats has been fixed at nine.

The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.

Appellate jurisdiction refers to the Court's authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts. The Court has the discretion to decide whether or not to hear these cases, and it usually only does so if the case could have national significance or might harmonise conflicting decisions in the federal Circuit courts.

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 was established by the Court in the case of Marbury v. Madison in 1803.

Explore related products

The Constitution in the Supreme Court: The First Hundred Years, 1789–1888

$9.99 $17.99

Criminal Procedure and the Constitution, Leading Supreme Court Cases and Introductory Text, 2025 (American Casebook Series)

$225

The Supreme Court and the Constitution (Classic Reprint)

$10.64 $10.64

Justice Abandoned: How the Supreme Court Ignored the Constitution and Enabled Mass Incarceration

$27.25 $35

The Constitution in the Supreme Court: The Second Century, 1888–1986

$4.99 $74

Classic Supreme Court Cases (Penguin Liberty)

$10.49 $15

The Supreme Court has nine Justices

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Supreme Court has nine Justices: one Chief Justice and eight Associate Justices. The Constitution does not specify the size of the Supreme Court or any specific positions for the court's members. However, it assumes the existence of the office of the Chief Justice as Article I, Section 3, Clause 6 mentions that "the Chief Justice" must preside over impeachment trials of the President of the United States.

The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court through the Judiciary Act of 1789. The size of the court has varied over the years, from a low of five to a high of ten. Shortly after the Civil War, the number of seats was fixed at nine, which remains the current number.

The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.

Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts. Most of the cases heard by the Supreme Court are appeals from lower courts. Four of the nine Justices must vote to accept a case for review. When the Court is in session, there are two conferences scheduled per week, on Wednesdays and Fridays, where the Justices discuss the cases heard earlier in the week.

The Supreme Court's power grew under Marshall

Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the country vested in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". The Constitution also permits Congress to decide how to organise the Supreme Court. Over the years, the number of seats on the Court has varied from five to ten. Today, there is one Chief Justice and eight Associate Justices.

The Supreme Court's power grew under John Marshall, who served as Chief Justice from 1801 until his death in 1835. Marshall's tenure spanned six presidential administrations, making it the longest on record. During this time, the Supreme Court grew in prominence and power, becoming a true co-equal to the executive and legislative branches. Marshall used his intellect and camaraderie to win over political foes and shape the Supreme Court into a unified and dignified institution.

Marshall's earliest landmark decision as Chief Justice came in Marbury v. Madison (1803). This case established the doctrine of judicial review, which is the authority of the Supreme Court to determine the constitutionality of legislation and executive actions. In Marbury v. Madison, the Court ruled that a law passed by Congress was unconstitutional, asserting its power to check the legislative power of Congress. This case also showed that the Supreme Court could check the power of executive branch officers.

Another notable case during Marshall's tenure was McCulloch v. Maryland, which affirmed the legitimacy of the Bank of the United States. This case involved a challenge by Maryland's Attorney General, who argued that the Constitution did not grant Congress the power to create a national bank. The Supreme Court, with Marshall at the helm, defined the controversy as a "sovereign state denies the obligation of a law".

In addition to these landmark cases, Marshall's forceful actions as Chief Justice set the course for the Supreme Court's decisions and stature over the next two centuries. Marshall's strong commitment to judicial power and belief in the supremacy of the federal government over state legislatures guided his judicial vision. He skilfully navigated political crises and asserted the Court's authority during tumultuous times.

Frequently asked questions