Isabella Carter
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. It plays a crucial role in maintaining the balance of power among the three branches through a system of checks and balances. The judicial branch has the authority to decide the constitutionality of federal laws, protect civil rights and liberties, and ensure that each branch of government stays within its designated powers.
| Characteristics | Values |
|---|---|
| Separation of Powers | The Constitution divides the federal government into three branches: legislative, executive, and judicial. |
| Checks and Balances | Each branch can respond to the actions of the others. |
| Supreme Law of the Land | The Supreme Court has the power of judicial review and can strike down laws that violate the Constitution. |
| Protecting Civil Rights and Liberties | The Supreme Court ensures that the majority cannot pass laws that harm minorities and protect fundamental values such as freedom of speech, freedom of religion, and due process of law. |
| Judicial Power | The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws, treaties, admiralty, and maritime jurisdiction. |
| Federal Court System | The Supreme Court is the highest court, with 13 appellate courts below it and 94 district courts at the trial level. |
| Appointment of Judges | The President appoints federal judges, including Supreme Court justices, who are confirmed by the Senate. |
| Independence of the Judiciary | Justices typically hold office for life, and their salaries cannot be decreased during their term to protect their independence. |
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What You'll Learn
The Supreme Court
Article III of the US Constitution establishes the judicial branch as one of the three distinct branches of the federal government, alongside the legislative and executive branches. The judicial branch includes the Supreme Court and other federal courts.
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Federal judiciary
The US Constitution establishes the federal judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. This system of separation of powers ensures that no individual or group has too much authority.
Article III of the Constitution establishes the Supreme Court and gives Congress the power to create lower courts. The Supreme Court is the highest court in the US and is the court of last resort for those seeking justice. It is composed of nine justices: one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate. They typically serve for life, and their salaries cannot be decreased during their term.
The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers, and consuls, as well as those in which a state is a party. In all other cases, it has appellate jurisdiction. The Court's power of judicial review ensures that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
Below the Supreme Court are 13 appellate courts, also known as US courts of appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. The US also has 94 district courts, which resolve disputes by determining the facts and applying the law to those facts. Additionally, there are 90 bankruptcy courts to aid individuals and businesses unable to pay their debts.
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Checks and balances
Article III of the US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The other two branches are the legislative and executive branches. The Constitution divides the federal government into these three branches to ensure that no individual or group will have too much power.
The three branches operate within a constitutional system of checks and balances. This means that although each branch is formally separate from the other two, the Constitution often requires cooperation among the branches. For example, federal laws are passed by Congress and signed by the President. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognises the limits of its power.
The judicial branch includes the Supreme Court and other federal courts. The Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. The 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 intended to protect the independence of the judiciary from political branches of government.
The Supreme Court has the power of judicial review, which allows it to strike down laws that violate the Constitution. This power ensures that the Supreme Court can act as a check on the legislative and executive branches, preventing them from exceeding their authority. For example, in the case mentioned, the Supreme Court held that an Act of Congress that contradicted the Constitution could not stand.
Additionally, the Supreme Court protects civil rights and liberties by striking down unconstitutional laws. It also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. The Court's decisions have a significant impact on society, guaranteeing the preservation of fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Separation of powers
The US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. This separation of powers is designed to ensure that no individual or group has too much power. Each branch has its own distinct roles and areas of authority, and they operate within a constitutional system of checks and balances. This means that, while each branch is formally separate, they must also cooperate. For example, federal laws are passed by Congress and signed by the President, but it is the judicial branch that has the authority to decide the constitutionality of those laws.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It plays a vital role in ensuring that each branch of government recognises the limits of its power. The Supreme Court can strike down laws that violate the Constitution and protect civil rights and liberties. It also ensures that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. The Supreme Court consists of nine justices: one Chief Justice and eight Associate Justices. These 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.
The judicial branch also includes other federal courts, such as the 13 appellate courts that sit below the Supreme Court, and the 94 district or trial courts that resolve disputes by determining the facts and applying the law. These lower federal courts were established by the Judiciary Act of 1789, which also set the original number of Supreme Court justices at six. Over time, this number has varied from five to ten, before being fixed at nine after the Civil War.
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Civil rights and liberties
The Supreme Court of the United States is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. The Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed to any authority, making it the final judicial arbiter in the United States on matters of federal law. The Supreme Court plays a crucial role in protecting civil rights and liberties by ensuring that each branch of government recognises the limits of its power and striking down laws that violate the Constitution.
Article III of the Constitution establishes the Judicial Branch and guarantees the right to a fair trial for every person accused of wrongdoing. This includes the right to a competent judge and a jury of one's peers, as well as protections against double jeopardy and deprivation of life, liberty, or property without due process of law. The Fourth, Fifth, and Sixth Amendments provide additional safeguards for those accused of crimes.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, compelling government officials to act in accordance with the law. However, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter. Since then, the Court has established its authority to strike down state laws found to be in violation of the Constitution.
The courts, including the Supreme Court, have the responsibility to interpret the Constitution's meaning and the meaning of laws passed by Congress. This power of judicial review ensures that the changing views of a majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law. The courts play an integral role in maintaining the rule of law, especially when hearing the grievances of minority groups or those with minority opinions.
Federal judges are appointed for life to insulate them from swings in public sentiment and to ensure an impartial judiciary. The independence of the judiciary is further protected by restrictions on decreasing salaries during their term of office. Judges must follow the Constitution in their decision-making and resist making policy, upholding the foundational responsibility entrusted to the Judicial Branch.
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Frequently asked questions
The judicial branch is one of the three branches of the US federal government, alongside the legislative and executive branches. It includes the Supreme Court and other federal courts. The judicial branch has the power to decide the constitutionality of federal laws and resolve cases involving them.
The Supreme Court is the highest court in the US. It is the court of last resort and has the power of judicial review. It was established by Article III of the US Constitution, which also authorised Congress to pass laws establishing a system of lower courts.
There are nine justices: one Chief Justice and eight Associate Justices. The number of seats has varied over the years, from five to 10. Justices are appointed by the President and confirmed by the Senate.
The Supreme Court plays an important role in the US constitutional system of government. It ensures that each branch of government recognises the limits of its power. It also protects civil rights and liberties by striking down laws that violate the Constitution.
The three branches of the US federal government operate within a constitutional system of "checks and balances". This means that while each branch is formally separate, they must also cooperate. For example, federal laws are passed by Congress and signed by the President, but the judicial branch has the authority to decide their constitutionality.
