Malcolm Rivera
The only court system established in the US Constitution is the Supreme Court, as outlined in Article III, which 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. The Constitution, therefore, establishes the Supreme Court but permits Congress to decide how to organize it and establish lower courts. This power was first exercised in the Judiciary Act of 1789, which created a Supreme Court with six justices and established 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 any other case involving constitutional or federal law.
| Characteristics | Values |
|---|---|
| Established by | Article III of the Constitution |
| Court created | The Supreme Court |
| Other courts | Authorises Congress to pass laws establishing a system of lower courts |
| Jurisdiction | Original jurisdiction over certain cases, e.g. suits between two or more states, cases involving ambassadors, and other public ministers |
| --- | Appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law |
| Congress power | Power to decide how to organise the Supreme Court |
| Judges | Shall hold office during good behaviour and receive compensation that shall not be diminished during their continuance in office |
| Judicial power | Shall extend to all cases, in law and equity, arising under the Constitution, the laws of the United States, and treaties made under their authority |
| --- | Shall extend to all cases involving ambassadors, other public ministers and consuls, and those in which a state is a party |
| Trial of crimes | Except in cases of impeachment, the trial shall be by jury and shall be held in the state where the crimes were committed |
| Treason | Shall consist of levying war against the United States or adhering to their enemies, giving them aid and comfort |
| Conviction of treason | Requires testimony of two witnesses to the same overt act or confession in open court |
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What You'll Learn
The Constitution establishes the Supreme Court
The Constitution of the United States establishes the Supreme Court as part of the judicial branch of government. 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."
Article III establishes the federal judiciary and the Supreme Court as its highest authority. The Constitution grants Congress the power to decide how to organise the Supreme Court and the lower federal court system. This power was first exercised in the Judiciary Act of 1789, which created a Supreme Court with six justices. The Act also established the lower federal court system, including district and circuit courts.
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 or federal law. For example, the Supreme Court can hear cases on appeal from the federal circuit courts and state courts where federal claims have been rejected.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. The Court's power of judicial review ensures that each branch of government recognises its own limits and that Constitutional rights are upheld.
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Congress decides how to organise the Supreme Court
Article III, Section I of the U.S. 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." While the Constitution establishes the Supreme Court, it 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. This Act also gave the Supreme Court original jurisdiction in certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. The Court has appellate jurisdiction in almost any other case that involves a point of constitutional or federal law.
Over the years, Congress has passed various Acts that altered the number of seats on the Supreme Court, ranging from a low of five to a high of 10. After the Civil War, the number of seats was fixed at nine, which remains the current structure of the Court: one Chief Justice and eight Associate Justices.
The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. This power gives the Court the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated.
The Certiorari Act of 1925 further expanded the Court's discretion by granting it the power to decide whether or not to hear a case within its appellate jurisdiction.
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The Supreme Court has original and appellate jurisdiction
Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the United States vested in a "supreme Court". Article III, Section II establishes the jurisdiction of the Supreme Court, which has both original and appellate jurisdiction.
The Supreme Court has original jurisdiction (the authority to preside over a case at first trial) in cases involving suits between two or more states, and/or cases involving ambassadors, other public ministers, and consuls. This means that the Supreme Court is the trial court for these types of cases, and can hear them before any other court.
The Court's original jurisdiction also extends to cases where the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Supreme Court has appellate jurisdiction (the authority to review a case after it has been heard by a lower court) in almost all other cases that involve a point of constitutional or federal law. This means that the Supreme Court can hear appeals on cases that have already been tried in lower courts, and can review and rule on the application of the law in those cases.
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. While the Supreme Court has broad appellate jurisdiction, it is not required to hear every case that falls within this scope.
The establishment of the Supreme Court and its jurisdiction are outlined in Article III of the Constitution, but the specific details of its structure and function have been determined by Congress through the Judiciary Act of 1789 and subsequent legislation.
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Congress establishes a system of lower courts
The Constitution of the United States establishes a federal judiciary and outlines three distinct branches of the federal government: the legislative, executive, and judicial branches. 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 authorizes Congress to establish a system of lower courts, also known as inferior courts, to complement the Supreme Court. The Supreme Court, as established by the Constitution, is the highest court in the land and serves as the final arbiter of justice and interpreter of the Constitution.
Congress has been granted the power to decide how to organize and structure the federal judiciary, including the Supreme Court and lower courts. This power was first exercised through the Judiciary Act of 1789, which established a Supreme Court with six justices and created the lower federal court system. Over the years, Congress has continued to shape the judiciary through various acts, altering the number of seats on the Supreme Court and establishing district and circuit courts with specific jurisdictions.
The lower courts established by Congress play a crucial role in the administration of justice. There are currently 13 appellate courts, also known as the U.S. Courts of Appeals, which review decisions made by lower courts and federal administrative agencies. Below the appellate courts are 94 district or trial courts, known as U.S. district courts, which resolve disputes by determining the facts and applying the law. Additionally, there are 90 bankruptcy courts that assist individuals and businesses facing financial difficulties.
Congress has also established non-Article III tribunals, sometimes referred to as Article I courts or legislative courts. These courts are staffed by administrative law judges, military judges, and federal magistrates, handling a range of legal disputes. The establishment of these courts demonstrates Congress's discretionary power to expand and tailor the federal court system to meet the needs of the nation.
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The Supreme Court has the final say on Constitutional rights
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, though brief, establishes the Supreme Court and permits Congress to decide how to organise it.
Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This act also gave the Supreme Court the original jurisdiction provided for in the Constitution and granted it appellate jurisdiction in cases from federal circuit courts and state courts where federal claims had been rejected.
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 has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case when exercising its appellate jurisdiction.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the final say on Constitutional rights, with the power to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court ruled that most of its provisions were applicable to the states as well. Thus, the Court determines when a right is protected by the Constitution or when a Constitutional right has been violated.
The Supreme Court's decisions have a significant impact on society, influencing not just lawyers and judges but also the general public. For example, in the landmark case of Tinker v. Des Moines Independent School District (1969), the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, protecting their First Amendment right to freedom of speech. In another notable case, Mapp v. Ohio (1961), the Court ruled that illegally obtained evidence cannot be used in a criminal trial, applying the exclusionary rule to state courts.
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Frequently asked questions
The US Constitution establishes one federal court: the US Supreme Court.
The Supreme Court is the highest court in the US and has the final say on whether a right is protected by the Constitution or when a Constitutional right is violated. It also has the power of judicial review, which means it can strike down state laws found to be in violation of the Constitution.
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 has appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law.
The Supreme Court was first established with six justices by the Judiciary Act of 1789. The number of seats on the Court has varied over the years, but since shortly after the Civil War, it has been fixed at nine.
Article III courts, also known as constitutional courts, share three key attributes. They exercise the judicial power of the US to resolve cases and controversies within the constitutional grant of federal court jurisdiction. They are structured by Congress and adhere to the basic requirements of Article III.
