Jonah Patel
The US Constitution establishes the Supreme Court in 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 article also establishes the federal judiciary and gives Congress the power to decide how to organize the Supreme Court, including determining the number of justices. The Constitution also stipulates that the Chief Justice shall preside over any presidential impeachment trial in the Senate. While the Constitution does not specify the size and composition of the Supreme Court, it grants the Court jurisdiction over certain cases, including those involving ambassadors and other public ministers, as well as cases between two or more states. The Supreme Court plays a crucial role in the constitutional system of government, serving as the court of last resort and ensuring that each branch of government recognizes its limits.
| Characteristics | Values |
|---|---|
| Number of Justices | The number of Justices has varied over time, from a low of five to a high of 10. Today, there is one Chief Justice and eight Associate Justices. |
| Appointment | Appointed by the President and confirmed by the Senate. |
| Tenure | Typically hold office for life. |
| Jurisdiction | Original jurisdiction over certain cases (e.g. suits between two or more states, cases involving ambassadors) and appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. |
| Powers | The power of judicial review allows the Court to declare a Legislative or Executive act in violation of the Constitution. |
| Role | The Supreme Court is the highest court in the land and plays a crucial role in ensuring each branch of government recognizes its limits, protecting civil rights and liberties, and setting limits on democratic government. |
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What You'll Learn
- The Constitution establishes the federal judiciary and the Supreme Court
- Congress decides how to organise the Supreme Court
- The Supreme Court has original and appellate jurisdiction
- Judicial review: the Supreme Court can declare an Act of Congress unconstitutional
- The Supreme Court's role in presidential impeachment trials
The Constitution establishes the federal judiciary and the Supreme Court
The United States Constitution establishes the federal judiciary and the Supreme Court in Article III, Section I, which 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."
This section of the Constitution sets out the creation of a Judicial Branch, with one supreme court and lower courts as deemed necessary by Congress. While the Constitution establishes the Supreme Court, it does not specify the Court's size, composition, or internal organisation, leaving these matters to be decided by Congress.
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 current structure, with one Chief Justice and eight Associate Justices.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the final arbiter for those seeking justice. It also has the power of judicial review, ensuring that each branch of government respects its constitutional limits. This power was established in the landmark case of Marbury v. Madison (1803), allowing the Court to declare a Legislative or Executive act unconstitutional.
The Court's decisions have a significant impact on society, protecting civil rights and liberties and setting limits on democratic government to safeguard the fundamental values of all Americans.
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Congress decides how to organise the Supreme Court
Article III, Section I of the US Constitution establishes the federal judiciary, 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." While the Constitution establishes the Supreme Court, it does not specify the Court's size, composition, or internal organisation, leaving these matters to be decided by Congress.
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, ranging from five to ten justices. 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.
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 its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, influencing not just lawyers and judges but also the public at large, with landmark cases shaping the rights and freedoms of Americans.
The Certiorari Act of 1925 gives the Court discretion in deciding whether to hear a case when exercising its appellate jurisdiction. The Court's best-known power is judicial review, established in the Marbury v. Madison case in 1803, where it asserted its authority to declare a Legislative or Executive act as unconstitutional. This power allows the Court to ensure that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities, thus safeguarding fundamental values such as freedom of speech, religion, and due process.
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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 article outlines the Supreme Court's jurisdiction, which can be original or appellate.
Original jurisdiction means the Supreme Court can hear a case directly without it first being heard in lower courts. This applies to specific cases, such as those involving disputes between different states, suits against state officials, or cases involving diplomats from foreign countries. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case. The Supreme Court agrees to hear about 100-150 cases out of the more than 7,000 it is asked to review annually.
Appellate jurisdiction means the Supreme Court can review cases that have already been decided in lower federal or state supreme courts. This is the most common way for a case to reach the Supreme Court. The Court primarily exercises this power through writs of certiorari, where it chooses to review cases that have significant legal or constitutional questions. This ensures a unified interpretation of constitutional and federal legal principles across the United States.
The Supreme Court's role as the highest court in the land is crucial in the constitutional system of government. Its power of judicial review ensures that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, shaping American law and providing a final and authoritative interpretation of the Constitution and statutory laws within the federal judiciary system.
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Judicial review: the Supreme Court can declare an Act of Congress unconstitutional
The US Constitution establishes the Supreme Court in Article III, Section I, which 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. The Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court's power of judicial review is one of its most important roles. This means that the Court can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but it was established in the case of Marbury v. Madison in 1803. In this case, the Court asserted its authority to strike down a law as unconstitutional, and Chief Justice John Marshall maintained that this was a necessary consequence of their sworn oath of office to uphold the Constitution.
The Supreme Court has used its power of judicial review to strike down laws that violate the Constitution, protect civil rights and liberties, and set limits on democratic government. For example, in Ex parte Milligan (1866), the Court struck down one of Lincoln's wartime executive orders. In 1925, the Certiorari Act gave the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
The federal courts have also reviewed executive orders to determine whether the president has exercised legislative power belonging only to Congress. In some cases, the Supreme Court has struck down executive orders on the grounds that they are unconstitutional or that Congress overstepped its bounds by authorising the president to make the order.
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The Supreme Court's role in presidential impeachment trials
The United States Constitution establishes the federal judiciary and outlines the role of the Supreme Court. 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 provision gives Congress the power to decide how to organize the Supreme Court, including determining the number of justices and the Court's internal structure.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the final arbiter of justice and wields the power of judicial review, ensuring that each branch of government respects its constitutional limits. The Court also safeguards civil rights and liberties by striking down laws that contravene the Constitution.
While the Constitution grants the House of Representatives the "sole Power of Impeachment" and the Senate the "sole Power to try all Impeachments," it specifically stipulates that the Chief Justice of the Supreme Court shall preside over any presidential impeachment trial in the Senate. This provision ensures the impartiality of the proceedings, particularly when the President is tried.
Historically, the Chief Justice has not always presided over presidential impeachment trials. For instance, during former President Trump's second impeachment trial, the Chief Justice did not preside, and the President pro tempore of the Senate acted as the presiding officer instead. This exception occurred because the Vice President, who typically presides over impeachment trials, could potentially benefit from the proceedings, creating a conflict of interest.
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Frequently asked questions
Article III, Section I of the Constitution establishes a federal judiciary with "The judicial Power of the United States, [vested] in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The Constitution assumes that the Supreme Court will include a Chief Justice, who shall preside over any Presidential impeachment trial in the Senate. It also states that judges of the Supreme Court "shall hold their offices during good behaviour" and receive compensation "which shall not be diminished during their continuance in office."
Yes, the Constitution is silent on the size and composition of the Supreme Court, leaving those decisions to Congress. 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. The number of seats was fixed at nine shortly after the Civil War, and today there is one Chief Justice and eight Associate Justices.
