
The Constitution of the United States established the federal judiciary, including the Supreme Court, through Article III, which 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 provision forms the basis of the federal court system, with the Supreme Court as the highest court in the land. The Judiciary Act of 1789, signed by President Washington, established a federal court system with a Supreme Court of six justices and a lower federal court system. This act addressed questions raised by the generality of Article III and has been built upon by Congress over time to create the three-level federal court system we have today, consisting of trial courts, courts of appeals, and the Supreme Court.
| Characteristics | Values |
|---|---|
| Number of seats on the Supreme Court | 9 (1 Chief Justice and 8 Associate Justices) |
| Jurisdiction | Original and appellate |
| Federal judiciary | Established by Article III of the Constitution |
| Federal court system | Established by the Judiciary Act of 1789 |
| Judicial power | Vested in one Supreme Court and inferior courts established by Congress |
| Judicial review | Ability to declare acts in violation of the Constitution |
| Constitutional court attributes | Exercise of judicial power, resolution of cases and controversies, and adherence to Article III |
| Congressional power | Establishment of non-Article III courts and tribunals inferior to the Supreme Court |
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What You'll Learn

The Constitution establishes the Supreme Court
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining when the Court has original jurisdiction (a case is tried before the Court) and when it has appellate jurisdiction (the Court hears the case on appeal). The Court's original jurisdiction includes suits between two or more states and cases involving ambassadors, while its appellate jurisdiction covers almost any case involving a point of constitutional or federal law.
The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), is its best-known power. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, ensuring that each branch of government recognizes its limits. The Court's interpretation of Article III has also played a significant role in shaping the federal court system, with Congress periodically creating courts under Article III to exercise specialized jurisdiction over specific categories of cases.
The Judiciary Act of 1789, one of the first acts of the new Congress, established a Supreme Court with six justices and created the lower federal court system. This Act addressed questions raised by the generality of Article III and set the foundation for the federal judiciary, which has since undergone minor adjustments to arrive at the three-level system we have today.
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Congress decides the organisation of the Supreme Court
The Constitution establishes the Supreme Court, but it gives Congress the power to decide how to organise it. 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.
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."
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. The Court 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.
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 was fixed at nine, which remains the case today (one Chief Justice and eight Associate Justices).
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). This power of judicial review is the Court's best-known power, established in the case of Marbury v. Madison (1803). In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as the supreme law, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
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The Supreme Court has original and appellate jurisdiction
Article III of the US Constitution establishes the federal judiciary, with 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, forms the basis of the federal court system.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it and establish inferior federal courts. 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 original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
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. Examples include cases where the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas and navigable waterways.
The Certiorari Act of 1925 gives the Court discretion over whether to hear a case when exercising its appellate jurisdiction. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. This power ensures that each branch of government recognises the limits of its authority.
The Supreme Court plays a crucial role in the constitutional system of government as the highest court in the land, serving as the court of last resort for those seeking justice.
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The Supreme Court has the power of judicial review
The Constitution establishes a Supreme Court with the power of judicial review. 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 establishes the federal judiciary and gives Congress the power to decide how to organize the Supreme Court.
The Supreme Court's power of judicial review is not explicitly mentioned in the text of the Constitution but has been inferred from its structure, provisions, and history. 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 Court held that an Act of Congress that is contrary to the Constitution could not stand, as Article VI establishes the Constitution as the supreme law.
Judicial review refers to the legal power of the Supreme Court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a state constitution, or the United States Constitution. In other words, the Court has the authority to declare laws or government actions unconstitutional if they violate the Constitution. This power ensures that each branch of government recognizes the limits of its power.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction, which allows it to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 gives the Court discretion in deciding whether to hear a case within its appellate jurisdiction.
The Judiciary Act of 1789, one of the first acts of Congress, established a Federal court system and addressed questions raised by Article III. This Act created a Supreme Court with six justices and established the lower federal court system. It also provided for the Supreme Court to hear appeals from state courts when a federal or state statute was deemed invalid or unconstitutional.
In summary, the Constitution establishes a Supreme Court with the power of judicial review, allowing it to interpret and apply the Constitution and ensure that government actions do not violate its provisions. This power has been a key feature of United States constitutional law, with the Supreme Court playing a crucial role in our constitutional system of government.
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The Supreme Court has nine seats
The Constitution established the Supreme Court, which is the basis of the federal court system. 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, 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 appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Judiciary Act of 1789, signed by President Washington, established a federal court system and created a Supreme Court with six justices. Over the years, the number of seats on the Supreme Court has varied from five to ten, but since shortly after the Civil War, the number of seats has been fixed at nine, with one Chief Justice and eight Associate Justices.
The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the Constitution. However, the Court established this doctrine in the case of Marbury v. Madison in 1803, where it decided that an Act of Congress contrary to the Constitution could not stand. The Supreme Court's role in ensuring that each branch of government recognises its limits is essential to the constitutional system of government.
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Frequently asked questions
The US Constitution established one federal court: the US Supreme Court.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which means it can decide whether legislators' and officials' actions are consistent with the Constitution.
The federal judiciary is structured as a three-level system: trial courts, courts of appeals, and the Supreme Court.

























