Isabella Carter
The US Constitution establishes a federal court system with the Supreme Court at the apex and permits Congress to create lower federal courts, including circuit and district courts. Article III of the Constitution establishes the federal judiciary, with the Supreme Court as the highest court in the land. The Supreme Court has original jurisdiction over certain cases, such as suits between states, and appellate jurisdiction over almost all other cases involving constitutional or federal law. The US Constitution also provides for Article I Courts, including the Court of Appeals for Veterans Claims and the Tax Court. The federal court system operates alongside the state court system, which includes municipal and local courts.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | 9 |
| Highest court in the land | Supreme Court |
| Court with original jurisdiction | Supreme Court |
| Court with appellate jurisdiction | Supreme Court |
| Court with the power of judicial review | Supreme Court |
| Court with the power to strike down state laws found to be in violation of the Constitution | Supreme Court |
| Number of appellate courts | 13 |
| Number of district or trial courts | 94 |
| Number of bankruptcy courts | 90 |
| Article I Courts | U.S. Court of Appeals for Veterans Claims, U.S. Court of Appeals for the Armed Forces, U.S. Tax Court |
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What You'll Learn
The Supreme Court
Article III of the US Constitution establishes the Supreme Court as the highest court in the federal judiciary of the United States. 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.
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 means that while the Constitution establishes the Supreme Court, it allows Congress to decide how to organise it. Congress first did this 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 from five to ten. However, shortly after the Civil War, the number was fixed at nine, where it remains today.
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Congress' power to create lower federal courts
Article III, Section I of the US Constitution establishes the federal judiciary and 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 permits Congress to decide how to organise the Supreme Court and establish lower federal 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 10. Shortly after the Civil War, the number of seats was fixed at nine, which remains the case today, with one Chief Justice and eight Associate Justices.
Congress has also demonstrated its power to eliminate lower federal courts on several occasions. In 1801, the Judiciary Act made major structural changes to the federal courts, reorganising the existing three judicial circuits into six and establishing six circuit courts. In 1891, Congress enacted legislation creating new intermediate appellate courts and eliminating the then-existing federal circuit courts. The 1891 Act authorised sitting circuit judges to hear cases on the new appellate courts.
Congress has the power to regulate the modes and practices of proceeding in inferior federal courts, and their jurisdiction is subject to congressional prescription. Congress can also control writs and processes, including the times and places for holding court, the appointment of officers, and the issuance of writs.
Article I Courts, which are created by Congress but are not part of the Third Branch, include the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court.
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Jurisdiction of the Supreme Court
The US Constitution establishes the Supreme Court as the highest court in the country and authorises Congress to pass laws establishing a system of lower courts. The Supreme Court has one Chief Justice and eight Associate Justices, all appointed by the President and confirmed by the Senate. They hold office for life, and their salaries cannot be decreased during their term.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors and other public ministers, and controversies between a state and citizens of other states or aliens. The Court 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 or not to hear a case when exercising its appellate jurisdiction.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). In the case of Marbury v. Madison (1803), the Court established its power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Court also has the authority to strike down state laws found to be in violation of the Constitution.
The Supreme Court is the court of last resort, with the final say over when a right is protected by the Constitution or when a Constitutional right is violated. It plays an essential role in ensuring that each branch of government recognises the limits of its power.
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Judicial review
Article III of the US Constitution establishes the federal judiciary, with the US Supreme Court at its apex. The Constitution also permits Congress to create lower federal courts, including circuit and district courts.
The US Supreme Court is the highest court in the United States and is located in Washington, DC. It usually hears cases that have already gone through the federal Court of Appeals system, and sometimes state Supreme Courts. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this landmark 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 supreme, the Court held that any Act of Congress contrary to it could not stand.
In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. The Fourteenth Amendment extended the provisions of the Bill of Rights to the states, giving the Supreme Court the final say over when a right is protected or violated by the Constitution. The power of judicial review ensures that each branch of government recognizes the limits of its power.
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Federal and state court systems
The US Constitution establishes a federal court system with the Supreme Court at the apex, and it permits Congress to create lower federal courts, namely circuit and district courts. The federal court system is one of the two types of court systems in the country, the other being the state court system, which includes municipal and local courts.
Article III of the Constitution establishes the federal judiciary. 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." 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.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law. The Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution.
Below the Supreme Court are 13 appellate courts, called US courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. There are 12 regional circuits and a US Court of Appeals for the Federal Circuit.
The nation's 94 district or trial courts are called US district courts. District courts resolve disputes by determining the facts and applying the law to those facts. There are also 90 US bankruptcy courts to help people and businesses that cannot pay their debts.
Article I Courts include the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court.
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Frequently asked questions
The U.S. Supreme Court is the highest court in the country. It is located in Washington, DC, and has nine justices, including one Chief Justice and eight Associate Justices.
The two types of court systems are the federal court system and the state court system. The federal court system includes the Supreme Court and lower federal courts, while the state court system includes municipal and local courts.
The federal courts include the Supreme Court, 13 appellate courts or U.S. courts of appeals, 94 district or trial courts, and 90 bankruptcy courts. There are also Article I courts, which are not part of the third branch, such as the U.S. Tax Court and the U.S. Court of Appeals for the Armed Forces.
The federal courts decide disputes involving the U.S. Constitution, federal laws, disputes between states, and disputes involving more than $75,000 between residents of different states. They also have the final say on issues affecting the lives of Americans, including civil rights, religious freedoms, voting rights, and affirmative action.
