
The US Constitution establishes the federal judiciary and makes the Supreme Court the highest court in the country. Article III, Section I of 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 article also gives Congress the power to decide how to organize the Supreme Court and establish a system of lower courts. The Judiciary Act of 1789 was the first instance of this power being exercised, creating a Supreme Court with six justices and establishing the lower federal court system. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases that involve a point of constitutional and/or federal law.
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What You'll Learn

The Supreme Court is the only court mentioned in the US Constitution
The US Constitution establishes three distinct branches of the federal government: the legislative, executive, and judicial branches. The judicial branch, which is outlined in Article III of the Constitution, includes the Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish." This means that while the Supreme Court is the only court specifically mentioned in the Constitution, the document also provides Congress with the authority to create a federal court system.
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 of 1789 also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law) and granted the Court appellate jurisdiction in cases from the federal circuit courts and state courts where those courts' rulings had rejected federal claims.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, which is the legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
The Supreme 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 is not explicitly mentioned in the text of the Constitution but was established by the Court in the case of Marbury v. Madison (1803). The Court's power of judicial review plays an essential role in ensuring that each branch of government recognizes the limits of its own power.
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The Judiciary Act of 1789 established a national judiciary system
The United States Constitution establishes a national judiciary system, 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 article establishes the Supreme Court as the highest court in the land and gives Congress the power to decide how to organize it and create lower federal courts.
The Judiciary Act of 1789 was one of the first acts of the new Congress, signed by President Washington on September 24, 1789. This Act established a Supreme Court with six justices and created the lower federal court system. It gave the Supreme Court original jurisdiction, as provided for in the Constitution, and appellate jurisdiction in cases from the Federal circuit courts and state courts where Federal claims were rejected. The Act also established that the district and circuit courts would have limited jurisdiction.
The Judiciary Act of 1789 divided the country into three circuits: the eastern, middle, and southern. The eastern circuit consisted of the districts of New Hampshire, Massachusetts, Connecticut, and New York. The middle circuit included New Jersey, Pennsylvania, Delaware, Maryland, and Virginia. The southern circuit was made up of South Carolina and Georgia. Each district within these circuits would hold two courts annually: the Circuit Courts, consisting of two Supreme Court justices and the district judge.
The Judiciary Act of 1789 played a crucial role in establishing the national judiciary system and shaping the judicial branch of the federal government. It set the foundation for the federal court system, outlining the structure and jurisdiction of the Supreme Court and lower federal courts. This Act remained the basis of the judicial system for nearly a century, until significant changes were made following the Civil War.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court is the highest court in the United States and the only court mentioned in the US Constitution. Article III of the Constitution establishes the federal judiciary and gives Congress the power to decide how to organise it. 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 of the Supreme Court, which has original jurisdiction (the legal ability to hear a case in the first instance) and appellate jurisdiction (the ability to hear a case on appeal). 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).
The Supreme Court has original jurisdiction in cases involving:
- Suits between two or more states
- Cases involving ambassadors, other public ministers, and consuls
- Cases in which the US government is a party
The Supreme Court has appellate jurisdiction in almost all other cases that involve a point of constitutional and/or federal law. This includes cases arising under the Constitution, the laws of the United States, and treaties made under their authority. The Supreme Court's appellate jurisdiction also extends to cases involving:
- Admiralty and maritime jurisdiction
- Controversies between citizens of different states
- Controversies between citizens of the same state claiming lands under grants of different states
- Cases between a state, or its citizens, and foreign states, citizens, or subjects
The Supreme Court's power of judicial review is also important. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution. The Court established this doctrine in the case of Marbury v. Madison (1803), where it had to decide whether an Act of Congress or the Constitution was the supreme law of the land.
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The Supreme Court has the power of judicial review
The Supreme Court is the only court mentioned in the US Constitution. Article III, Section I of the 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."
The Supreme Court's power of judicial review extends beyond reviewing acts of Congress. The Court can also review the actions of the executive branch, including executive orders and regulations. In doing so, the Court helps define the scope of presidential powers and ensures that the executive branch operates within the limits set by the Constitution. The Court has, on several occasions, struck down executive orders found to be unconstitutional or issued without the necessary authority.
Additionally, the Supreme Court has the authority to review and strike down state laws found to be in violation of the Constitution. This authority was established after the passage of the Fourteenth Amendment, which expanded the application of Constitutional rights to the states. As such, the Supreme Court plays a crucial role in ensuring that state laws do not infringe upon Constitutional rights and protections.
The Supreme Court's power of judicial review is essential for maintaining the balance of power between the three branches of government. By reviewing and interpreting the actions of the legislative and executive branches, the Court ensures that each branch operates within its constitutional boundaries. This power also enables the Court to protect civil rights and liberties by striking down any laws or acts that violate the Constitution, thereby safeguarding the rights of individuals and minority groups.
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The Supreme Court has nine justices
The Supreme Court is the highest court in the United States. It was established by Article III of the U.S. Constitution, which also authorised Congress to pass laws establishing a system of lower courts. The Constitution, therefore, gives Congress the power to decide how to organise the Supreme Court.
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."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The Act also established the lower federal court system.
The Supreme Court's most famous power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but the Court established it in the case of Marbury v. Madison (1803). The Court has the final say on whether a Constitutional right is protected or violated. It also has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors, and appellate jurisdiction on almost any other case involving a point of constitutional or federal law.
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Frequently asked questions
The US Constitution mentions one court, the Supreme Court.
The Supreme Court is the highest court in the United States.
The Supreme Court has the power of judicial review, meaning it can declare a Legislative or Executive act in violation of the Constitution. It also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
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." Article III, Section II establishes the jurisdiction of the Supreme Court.
There is one Chief Justice and eight Associate Justices of the Supreme Court.























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