Simone Lawson
The US Constitution establishes three distinct branches of government: the legislative, executive, and judicial branches. The judicial branch, established by Article III of the Constitution, is comprised of the Supreme Court and inferior courts ordained by Congress. The Supreme Court, as the highest court in the land, is the court of last resort for those seeking justice. It is granted certain powers by the Constitution, including the ability to declare a Legislative or Executive act in violation of the Constitution, also known as judicial review. This power allows the judiciary to provide checks and balances on the legislative and executive branches, ensuring that each branch recognises the limits of its power.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | Determined by Congress; currently nine, with one Chief Justice and eight Associate Justices |
| Tenure of judges | No fixed term; they serve until death, retirement, or conviction by the Senate |
| Jurisdiction | All cases in law and equity arising under the Constitution, laws of the United States, and treaties; cases affecting ambassadors, public ministers, and consuls; admiralty and maritime cases; controversies involving the US or between states, citizens of different states, or citizens of the same state claiming lands under different grants |
| Appellate jurisdiction | Cases involving constitutional or federal law, including those where the US is a party, those involving treaties, and admiralty cases |
| Judicial review | Power to declare a Legislative or Executive act in violation of the Constitution |
| Trial by jury | Guaranteed for all accused of wrongdoing, except in cases of impeachment |
| Treason | Defined as levying war against the US or aiding its enemies; conviction requires testimony of two witnesses or a confession in open court; Congress determines punishment |
| Protection of civil rights and liberties | Ensures government branches recognize their limits and strikes down laws that violate the Constitution |
| Checks and balances | Provides balance to legislative and executive branches by reviewing the constitutionality of laws |
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What You'll Learn
The Supreme Court's power of judicial review
The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. It has the power of judicial review, which is the ability to interpret the U.S. Constitution and determine whether laws or government actions violate it. This power is not explicitly granted by the Constitution but is an implied power that has been affirmed through landmark cases such as Marbury v. Madison in 1803.
The Supreme Court has original jurisdiction in certain cases, such as those involving multiple states, ambassadors, and public ministers. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law. The Certiorari Act of 1925 gives the Court discretion in choosing which cases to hear.
The Court's power of judicial review is derived from the principle of uniformity in legal interpretations across jurisdictions, which is necessary to maintain a common-law court system. This power has been a subject of ongoing debate, particularly regarding the balance between judicial activism and self-restraint, and controversies can arise when the Court's decisions appear to contradict public sentiment or intervene in political issues.
The Supreme Court's composition and structure are established by Article III of the Constitution, which vests the judicial power of the United States in the Supreme Court and inferior courts as ordained and established by Congress. Congress first exercised this power through the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. The number of seats on the Supreme Court has varied over time, but since shortly after the Civil War, it has been fixed at nine justices, including one Chief Justice and eight Associate Justices.
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The judiciary's independence from political branches
Article III of the Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. The judicial power is vested in the Supreme Court and such inferior courts as Congress may establish. The Constitution grants Congress significant discretion in determining the shape and structure of the federal judiciary, including the number of Supreme Court justices.
To protect the independence of the judiciary, several measures have been put in place. Federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate. They typically hold office for life or until their retirement, and their salaries cannot be decreased during their term. This helps to shield them from political pressure. Judges can only be removed through impeachment by the House of Representatives and conviction in the Senate, a process designed to be difficult and rare.
The Supreme Court's power of judicial review is another key aspect of its independence. This power, established in the Marbury v. Madison case of 1803, allows the Court to determine the constitutionality of laws and ensure that each branch of government recognizes the limits of its own power. The Court can strike down laws that violate the Constitution, providing a check on the legislative and executive branches. This power is not explicitly stated in the Constitution but is implied, demonstrating the Court's ability to interpret and shape the application of constitutional principles.
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The right to a fair trial
A fair trial is one that is conducted fairly, justly, and with procedural regularity by an impartial judge or jury. It is a cornerstone of democracy, helping to ensure fair and just societies and limit government and state authority abuse. The right to a fair trial protects individuals' fundamental rights and ensures they are treated with dignity and compassion throughout the criminal process.
The specific rights associated with a fair trial vary depending on the jurisdiction. In the United States, the Sixth Amendment guarantees criminal defendants the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know the nature of the charges and evidence against them. The accused also has the right to confront witnesses, obtain witnesses in their favour, and receive assistance in building their defence.
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The Supreme Court's original jurisdiction
The Supreme Court is the highest court in the United States, established by Article III of the Constitution. It is the court of last resort for those seeking justice. The Supreme Court's original jurisdiction is outlined in Article III, Section 2, of the US Constitution, and further detailed by statute.
The Supreme Court has original jurisdiction in a small class of cases. This includes cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. In cases where the Supreme Court has original jurisdiction, lower federal courts may also hear cases, except for disputes between two or more states. The Supreme Court holds both original and exclusive jurisdiction in cases between multiple states, and no lower court may hear such cases. The Supreme Court's original jurisdiction also extends to issuing writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
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The Supreme Court's appellate jurisdiction
The Supreme Court is the highest court in the United States and is the final resort for those seeking justice. It is one of three distinct branches of the federal government, alongside the legislative and executive branches. The Supreme Court's appellate jurisdiction, or its power to hear cases on appeal, is an essential aspect of its role.
The Supreme Court has broad appellate jurisdiction over cases involving constitutional and federal law. This includes cases where the United States is a party, those involving treaties, and admiralty cases. The Court's discretion to hear these cases is outlined in the Certiorari Act of 1925, which allows the Court to decide whether or not to review a case. The Court receives thousands of petitions for a writ of certiorari each year but only agrees to hear a small fraction of them.
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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 operates within a constitutional system of "checks and balances", ensuring that each branch recognises the limits of its power.
The Judicial Branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. This includes the power to strike down laws that violate the Constitution.
The Supreme Court is the highest court in the land. It has original jurisdiction over cases involving the Constitution, laws of the United States, treaties, admiralty and maritime jurisdiction, and controversies involving the US or multiple states.
There is currently one Chief Justice and eight Associate Justices in the Supreme Court. The number of Supreme Court Justices is determined by Congress and has varied over time, ranging from five to ten.
Article III of the Constitution guarantees every person accused of wrongdoing the right to a fair trial. The Judicial Branch also protects civil rights and liberties by ensuring that popular majorities cannot pass laws that harm or take undue advantage of minorities.
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