Eleanor Finch
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. Article III of the Constitution establishes the federal judiciary, which includes the Supreme Court and inferior courts ordained and established by Congress. The Supreme Court is the only part of the federal judiciary specifically required by the Constitution. The Constitution grants Congress the power to establish courts inferior to the Supreme Court, such as the United States district courts and courts of appeals.
| Characteristics | Values |
|---|---|
| Established by | Article III of the Constitution |
| Judicial power | Vested in one supreme court and such inferior courts as Congress may establish |
| Jurisdiction | Legal ability to hear a case |
| Original jurisdiction | Cases are tried before the court |
| Appellate jurisdiction | The court can hear the case on appeal |
| Number of justices | Not stipulated in the Constitution; set by Congress. There have been as few as six, but since 1869 there have been nine justices, including one Chief Justice and eight Associate Justices |
| Appointment | Justices are appointed by the President and confirmed by the Senate |
| Tenure | Justices typically hold office for life and may remain in office until they resign, pass away, or are impeached and convicted by Congress |
| Remuneration | Salaries of justices cannot be decreased during their term of office |
| Purpose | To protect the independence of the judiciary from the political branches of government |
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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 part of the federal judiciary specifically required by the US Constitution. Article III of the Constitution establishes the Judicial Branch, giving Congress significant discretion to determine the shape and structure of 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." 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. This Act also established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Since 1869, there have been nine Justices, including one Chief Justice and eight Associate Justices.
The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It 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. The Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed to any authority as it is the final judicial arbiter in the United States on matters of federal law.
Justices are appointed by the President and confirmed by the Senate. They typically hold office for life and their salaries cannot be decreased during their term. These restrictions are meant to protect the independence of the judiciary from political branches of the government.
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Congress decides the number of Supreme Court Justices
Article III of the US Constitution 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."
Although 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. This Act also established the lower federal court system.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine—one Chief Justice and eight Associate Justices.
Justices are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries 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.
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Federal judges are appointed by the President
The Constitution of the United States divides the federal government into three branches: legislative, executive, and judicial. The judicial branch, established by Article III of the Constitution, includes the Supreme Court and other 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." This article establishes the Supreme Court and permits Congress to decide how to organise it and establish inferior 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. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of ten. Since 1869, the number has been fixed at nine, including one Chief Justice and eight Associate Justices.
Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life and can only be removed through impeachment by the House of Representatives and conviction in the Senate. The salaries of federal judges cannot be decreased during their term of office, protecting the independence of the judiciary from political branches of the government.
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Judges' salaries cannot be decreased during their term
Article III of the US Constitution establishes the federal judiciary, including the Supreme Court and inferior courts. The Constitution permits Congress to decide how to organise the judiciary, a power first exercised in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
Article III, Section I states that judges of both the Supreme Court and inferior courts:
> "shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."
This clause, known as the Compensation Clause, allows Congress to increase judicial salaries but not to decrease them, thereby protecting the independence of the judiciary from the political branches of government.
In practice, this has meant that once a salary figure has gone into effect, Congress may not reduce it nor rescind any part of an increase. For example, in United States v. Will, the Supreme Court held that Congress could repeal or modify a statutorily defined formula for annual cost-of-living increases to the compensation of federal judges, but must act with respect to any particular increase before the increase takes effect. In this case, a planned salary increase took effect on October 1, but the President signed a bill reducing the amount that same day. The Court held that the increase had already gone into effect, rendering the reduction invalid.
The Compensation Clause has also been interpreted to mean that a general, nondiscriminatory salary reduction affecting judges but not aimed solely at them is covered by the Clause. For example, during the Great Depression, Congress enacted legislation reducing the salaries of all judges except those whose compensation could not be diminished under the Constitution.
While the Compensation Clause protects judges from salary reductions, it does not exempt them from all taxes. In O’Malley v. Woodrough, the court upheld a provision of the Revenue Act of 1932 that extended the application of income tax to salaries of judges taking office after June 6, 1932. The court regarded the tax neither as an unconstitutional diminution of the compensation of judges nor as an encroachment on the independence of the judiciary. Instead, the court recognised that judges are also citizens who should share the material burden of the government. Similarly, in United States v. Hatter, the court reaffirmed the principle that judges should share the tax burdens borne by all citizens, holding that the Medicare tax, which was extended to all federal employees in 1982, was a non-discriminatory tax that could be applied to federal judges.
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The Judicial Branch is established by Article III of the Constitution
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The Judicial Branch is established by Article III of the Constitution, which also guarantees every person accused of wrongdoing the right to a fair trial.
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." This means that while the Constitution establishes the Supreme Court, it gives Congress the power to determine the shape and structure of the federal judiciary, including the number of Supreme Court Justices. 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.
Article III, Section II 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 cases involving ambassadors and other public ministers. It 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.
The Supreme Court is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life and their salaries cannot be decreased during their term. These restrictions protect the independence of the judiciary from political branches of government.
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Frequently asked questions
The US Constitution establishes the Supreme Court as the only part of the federal judiciary specifically required by the Constitution.
Article III, Section I of the US 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."
The Supreme Court is the highest court in the land and has the power to interpret the law, determine the constitutionality of the law, and apply it to individual cases. The Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed to any authority.
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