Omar Bennett
Article III of 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. It also created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The judicial branch has the power to decide the constitutionality of federal laws and resolve cases involving them, and its highest court, the Supreme Court, plays a crucial role in the constitutional system of government.
| Characteristics | Values |
|---|---|
| Established by | Article III of the U.S. Constitution |
| Judicial power | Vested in one supreme Court and such inferior Courts as Congress chooses to establish |
| Judges | Hold office during good behaviour and receive compensation that cannot be decreased during their term |
| Jurisdiction | Original jurisdiction over certain cases, e.g. suits between two or more states, cases involving ambassadors and other public ministers; appellate jurisdiction on almost any other case involving a point of constitutional and/or federal law |
| Role | Ensures each branch of government recognises the limits of its power, protects civil rights and liberties by striking down laws that violate the Constitution, and sets appropriate limits on democratic government |
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What You'll Learn
Judicial power and its limits
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The judicial power of the United States is vested in one Supreme Court and such inferior courts as Congress may from time to time ordain and establish. The Constitution grants the judicial branch the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. This includes cases involving the Constitution, laws of the United States, and treaties made under their authority. The judicial power extends to cases affecting ambassadors, public ministers, and consuls, as well as controversies between states, citizens of different states, and those involving admiralty and maritime jurisdiction.
The Supreme Court plays a crucial role in the constitutional system of government. It is the highest court in the land and serves as the court of last resort for those seeking justice. The Court's power of judicial review, established in the Marbury v. Madison case in 1803, allows it to determine the constitutionality of legislative and executive acts. This power is not explicitly granted in the Constitution but is implied. The Court also interprets the meaning of laws, how they are applied, and whether they violate the Constitution.
The separation of powers is a fundamental principle in the U.S. system of government, ensuring that no single branch of government becomes too powerful. Each branch has its own roles and areas of authority, and they operate within a system of checks and balances. While the judicial branch has independence from the political branches, it relies on the executive branch to enforce its decisions.
The Supreme Court also has the important function of protecting civil rights and liberties. It ensures that the government's actions do not violate the fundamental values enshrined in the Constitution, such as freedom of speech, freedom of religion, and due process of law. The Court sets limits on democratic governance by preventing the majority from passing laws that harm or take advantage of minorities.
In summary, the judicial power in the United States is vested in the Supreme Court and inferior courts established by Congress. The judicial branch has the authority to interpret and review laws, ensuring they comply with the Constitution. The Supreme Court plays a vital role in maintaining the balance of power between the branches of government and protecting the rights and liberties of the people.
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The Supreme Court's role
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. 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, created by Article III of the U.S. Constitution, 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/or cases involving ambassadors and other public ministers. The Supreme Court also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court plays a crucial role in the constitutional system of government. Its power of judicial review, which was established in the case of Marbury v. Madison in 1803, allows it to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly granted in the text of the Constitution but is implied. Through judicial review, the Supreme Court ensures that each branch of government recognizes the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court also sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. In doing so, it safeguards the fundamental values common to all Americans, such as freedom of speech, freedom of religion, and due process of law. The Court's decisions have a significant impact on society, affecting not just lawyers and judges but the public at large.
The Justices of the Supreme Court typically hold office for life, and their salaries cannot be decreased during their term. These measures protect the independence of the judiciary from political interference.
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Jurisdiction of the Supreme Court
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. 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, established by the same article, is the highest court in the land and is the court of last resort for those seeking justice.
The jurisdiction of the Supreme Court is established by Article III, Section II of the Constitution. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors and other public ministers, and those in which a state is a party. In these cases, the Supreme Court is the first court to hear the case. The Court also has original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
In almost all other cases, the Supreme Court has appellate jurisdiction, meaning it can hear the case on appeal. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Supreme Court agrees to hear about 100-150 of the more than 7,000 cases that it is asked to review each year.
The Supreme Court plays a crucial role in the constitutional system of government. Its power of judicial review, established in the case of Marbury v. Madison (1803), allows it to declare a Legislative or Executive act in violation of the Constitution. This power enables the Court to ensure that each branch of government recognizes the limits of its own power and protects civil rights and liberties. The Court also helps to resolve disputes and interpret laws, providing a peaceful way to decide private disputes that people cannot resolve themselves.
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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. The other two are the legislative and executive branches. This system of "checks and balances" ensures that no single branch of government holds too much power.
Article III of the Constitution outlines the judicial branch's powers and establishes the Supreme Court. The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. It also has the power of judicial review, which allows it to declare a legislative or executive act in violation of the Constitution. This power was established in the Marbury v. Madison case in 1803, where the Court decided whether an Act of Congress or the Constitution took precedence.
The Supreme Court is the highest court in the land and serves as the court of last resort. It has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. In most other cases, the Court has appellate jurisdiction, meaning it can hear the case on appeal. The 13 appellate courts below the Supreme Court are called US Courts of Appeals, and they determine whether the law was correctly applied in the trial court.
The judicial branch's independence is protected by restrictions such as tenure and salary protections for justices. This separation of powers ensures that each branch of government has its own roles and areas of authority, with the Supreme Court playing a crucial role in ensuring that each branch recognizes the limits of its power.
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Judicial review
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The three branches—legislative, executive, and judicial—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.
The judicial power of the United States is vested in one supreme Court, and in such inferior courts as Congress may from time to time ordain and establish. The Supreme Court is the highest court in the land and 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. It does so through its power of judicial review, which is the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. Judicial review is not an explicit power given to the courts, but an implied one.
The Supreme Court established this power 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. 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).
The judicial power extends to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. It also includes cases affecting ambassadors, other public ministers and consuls, and controversies to which the United States is a party. The Supreme Court has original jurisdiction in cases affecting ambassadors and other public ministers, and those in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction, both as to law and fact.
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Frequently asked questions
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws.
The Supreme Court is the highest court in the judicial branch.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
