The Supreme Court: Our Constitution's Highest Court

The Supreme Court is the only federal court established by the US Constitution. Article III of the Constitution establishes the federal judiciary and outlines the jurisdiction of the Supreme Court. It grants the Supreme Court original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving constitutional or federal law. The Supreme Court plays a crucial role in the constitutional system of government, acting as the court of last resort and ensuring that each branch of government recognizes its limits. The Judiciary Act of 1789 further established the lower federal court system and outlined the specific jurisdiction of district and circuit courts.

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The Supreme Court is the only federal court established by the Constitution

The Supreme Court of the United States is the only federal court established by the Constitution. Article III, Section I of the Constitution establishes the federal judiciary, with the judicial power of the United States vested in "one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This provision recognises the Supreme Court as the highest court in the land, with the power of judicial review, ensuring that each branch of government recognises its own limits.

The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that a case is tried before the Court, such as suits between two or more states and/or cases involving ambassadors and other public ministers. The Court has appellate jurisdiction in almost any other case that involves a point of constitutional and/or federal law. The Judiciary Act of 1789 established the first inferior federal courts, with Congress exercising its power to create lower courts and structure the Supreme Court.

The Supreme Court plays a crucial role in safeguarding civil rights and liberties. It ensures that laws violating the Constitution are struck down and sets limits on democratic governments, preventing the majority from passing laws that harm or take advantage of minorities. The Court's decisions have a profound impact on society, influencing not just lawyers and judges but also the general public, as seen in landmark cases such as Tinker v. Des Moines Independent School District (1969), which affirmed the right to free speech and peaceful protest.

The Supreme Court consists of a Chief Justice and eight Associate Justices, appointed by the President and confirmed by the Senate. These justices typically hold office for life, and their salaries cannot be decreased during their term, protecting the judiciary's independence. The Court's rulings shape the interpretation and application of constitutional rights, ensuring that the fundamental values of freedom of speech, religion, and due process are upheld for all Americans.

Congress has the power to create inferior courts

The Supreme Court is the only federal court that is explicitly established by the US Constitution. During the Constitutional Convention, a proposal was made for the Supreme Court to be the only federal court, but this was rejected in favour of the provision that exists today. Article III, Section 1 of the 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 means that while the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it and to create inferior federal courts. 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 Judiciary Act also gave the Supreme Court original jurisdiction provided for in the Constitution and granted the Court appellate jurisdiction in cases from the Federal circuit courts and from state courts where those courts' rulings had rejected Federal claims.

Congress has periodically created courts under Article III to exercise specialised jurisdiction over specific categories of cases. These courts, sometimes called Article III courts or constitutional courts, share three key attributes. When determining whether a court is a constitutional court, the Supreme Court has looked at how Congress structures the court and whether the structure adheres to the basic requirements of Article III. Congress has also created non-Article III tribunals, sometimes called Article I courts or legislative courts, staffed by personnel such as administrative law judges, military judges, and federal magistrates.

Article III also establishes that federal judges do not face term limits, and that an individual judge's salary may not be decreased. The salaries of the justices cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government.

The Supreme Court has original jurisdiction over certain cases

The Supreme Court is the only court created by the US Constitution. Article III, Section 1 of the Constitution establishes the federal judiciary and outlines the creation of the Supreme Court. Article III, Section 2 grants the Supreme Court original jurisdiction over specific cases.

Original jurisdiction refers to a court's authority to hear and decide a case for the first time, without it needing to be heard in a lower court first. The Supreme Court's original jurisdiction is outlined in Article III, Section 2 of the US Constitution, which states that the Supreme Court has original jurisdiction in "all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party."

This means that the Supreme Court can hear cases directly if they involve disputes between different states, or if they involve diplomats from foreign countries. Cases that involve ambassadors, other public ministers, and consuls are those with foreign diplomatic involvement, where these persons may be a party to the case or the subject matter. Cases involving other public ministers are similar but involve other official representatives of foreign governments.

The Supreme Court also has original jurisdiction over cases where a state brings a lawsuit against citizens of another state, or against foreign states or their citizens. These cases may involve legal actions taken by a US state against a foreign government or its people. Additionally, the Supreme Court has original jurisdiction in cases of legal disputes between a state and the US federal government.

It is important to note that while the Supreme Court has original jurisdiction in these types of cases, it still has the discretion to choose whether or not to hear a particular case. The number of cases heard under the Supreme Court's original jurisdiction has been relatively small compared to its overall caseload, typically involving only one or two such cases per term.

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The Supreme Court has appellate jurisdiction over other cases

The Supreme Court is the only court created by the US Constitution. Article III, Section I of the 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."

The Supreme Court has both original and appellate jurisdiction. It has original jurisdiction (the authority to preside over a case initially) in certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers.

The Supreme Court's appellate jurisdiction, however, is much broader. The Court has the authority to hear appeals on almost any case that involves a point of constitutional and/or federal law. This means that the Court can review decisions made by lower federal courts and state courts. This appellate jurisdiction was established in the Judiciary Act of 1789, which created the federal court system.

The Supreme Court's appellate jurisdiction is generally mandatory, as emphasized by Chief Justice John Marshall in Marbury v. Madison (1803). This means that the Court is obligated to hear cases that meet its jurisdictional standards. However, the Court has also adopted discretionary rules that allow it to limit its exercise of judicial review in certain cases.

Over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, making more cases subject to discretionary review. This has resulted in a reduction in the burden on the Court, as its docket was previously overcrowded due to the broad grant of appellate jurisdiction.

The Supreme Court has the power of judicial review

The Supreme Court is the only court created by the US Constitution. Article III of the 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."

The Supreme Court's power of judicial review was established in two landmark decisions: Hylton v. United States (1796) and Marbury v. Madison (1803). In Hylton v. United States, the Supreme Court performed judicial review for the first time, evaluating the plaintiff's claim that a "carriage tax" imposed by the Carriage Act of 1794 was unconstitutional. This case marked the first direct challenge to the constitutionality of an act of Congress.

The Supreme Court's power of judicial review was further solidified in Marbury v. Madison, which took place between the ratification of the Constitution in 1788 and the decision in 1803. During this period, judicial review was employed in both federal and state courts, with statutes being struck down or upheld based on their constitutionality.

The Supreme Court's power of judicial review has significant implications for civil rights and liberties. The Court can strike down laws that violate the Constitution, ensuring that the government operates within its constitutional limits. This power also extends to setting limits on democratic government, preventing popular majorities from passing laws that harm or take undue advantage of unpopular minorities.

In summary, the Supreme Court is the only court established by the US Constitution and holds the power of judicial review. This power enables the Court to interpret and apply the Constitution, ensuring that government actions and laws adhere to constitutional principles and protect the rights of all Americans.

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