Omar Bennett
The Supreme Court is the only federal court that is explicitly established by the US Constitution. Article III of the Constitution establishes the federal judiciary and the judicial branch of the US federal government. It 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 gives Congress the power to create inferior or lower courts, but the Supreme Court is the only one formally created by the Constitution.
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What You'll Learn
The Supreme Court is the highest court in the US
The Supreme Court is the highest court in the United States. It is the only federal court that is explicitly established by the US Constitution. Article III of the Constitution establishes the federal judiciary and outlines the jurisdiction of the Supreme Court. This includes original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction over a wide range of cases involving constitutional or federal law. The Supreme Court's power of judicial review, established in the case of Marbury v. Madison in 1803, allows it to declare acts of Congress or the Executive Branch unconstitutional. This power gives the Court the final say on the interpretation of the Constitution and ensures that each branch of government respects its limits.
The Supreme Court plays a crucial role in the constitutional system of checks and balances. It serves as the court of last resort for those seeking justice and ensures that federal laws are upheld. The Court's decisions can shape public policy and resolve disputes between states or involving federal laws. The Court's original and appellate jurisdiction gives it significant authority in interpreting the Constitution and safeguarding individual rights.
The number of seats on the Supreme Court has varied over time, from a low of five to a high of ten. Since shortly after the Civil War, the number of seats has been fixed at nine. The Supreme Court justices are appointed by the President and, according to the Constitution, enjoy ""good behaviour" protections, which effectively grant them lifetime tenure absent impeachment and conviction for treason, bribery, or other high crimes and misdemeanors.
The Supreme Court is part of the federal judiciary, which also includes lower courts created by Congress under Article III, Section 1, and Article I, Section 8. These lower courts, known as "constitutional courts" and "legislative courts," respectively, handle a variety of cases and controversies arising under federal law. The federal judiciary's structure, with the Supreme Court at its apex, provides a framework for interpreting and enforcing federal laws and resolving disputes within the constitutional system.
The Supreme Court's role as the highest court in the land underscores its significance in the US legal system. Its decisions shape the interpretation of the Constitution, define individual rights, and provide a final arbiter in disputes involving federal laws. The Court's establishment by the Constitution reflects the framers' intention to create an independent judicial branch with the authority to check the powers of the legislative and executive branches.
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Article III of the Constitution establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary. It is one of the three vesting clauses of the Constitution, which vests the judicial power of the United States in federal courts. 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."
Article III separates and places the judicial power in the judiciary, an idea often attributed to Montesquieu's writing on the separation of power in "The Spirit of Laws". The US Constitution separates the legislative, executive, and judicial powers, and Article III establishes the jurisdiction of the Supreme Court.
The Supreme Court is the highest court in the United States and was created by Article III of the US Constitution. It authorised Congress to pass laws and established the Supreme Court as the court of last resort for those seeking justice. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system.
Article III, Section II establishes the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. The Court has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court is the only federal court explicitly established by the US Constitution. Article III of the Constitution establishes the federal judiciary, with Article III, Section I stating:
> "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. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. In these cases, the Supreme Court is the first court to hear the case.
The Supreme Court also has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law. This means that the Court can hear the case on appeal. Examples include cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction. The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make."
The Supreme Court's power of judicial review is its best-known power. This is the ability of 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). 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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Congress decides how to organise the Supreme Court
The Supreme Court is the only court formally created by 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."
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. It also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
Congress has the power to decide how to organise the Supreme Court. It 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, ranging from five to ten justices. Following the Civil War, the number of seats was fixed at nine, which remains the current number of justices on the Court.
Congress has also created several Article I courts that are not part of the Third Branch, including the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court. These courts operate within a constitutional system of "checks and balances," where each branch of government has its own roles and areas of authority, requiring cooperation between the legislative, executive, and judicial branches.
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The Supreme Court has the power of judicial review
The Supreme Court is the only court that the US Constitution formally created. 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."
Congress first exercised its power to organize the Supreme Court in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, the number of seats on the Supreme Court has varied, but since shortly after the Civil War, the number has been fixed at nine.
The Supreme Court's power of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the Constitution. However, it is now one of the distinctive features of United States constitutional law. The Court established this doctrine in the case of Marbury v. Madison in 1803, where it had to decide whether an Act of Congress or the Constitution was the supreme law of the land.
The Supreme Court's power of judicial review plays a crucial role in ensuring that each branch of the government recognizes and stays within the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution and sets appropriate limits on democratic government by preventing the majority from passing laws that harm or take undue advantage of minorities.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or 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, including cases where the United States is a party, cases involving treaties, and admiralty cases.
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Frequently asked questions
The US Constitution formally created the Supreme Court.
The Supreme Court is the highest court in the United States. It is the court of last resort for those seeking justice.
The Supreme Court has original jurisdiction over certain cases, for example, suits between two or more states and cases involving ambassadors. It has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
The Supreme Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court plays a crucial role in the constitutional system of government. It ensures that each branch of the government recognises the limits of its power. It also provides a peaceful way to resolve disputes that people cannot settle themselves.
