The Judiciary's Constitutional Roots Explored

The federal judiciary of the United States is one of the three branches of the federal government, established by Article III of the US Constitution. Article III created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may establish. The Judiciary Act of 1789 established a Federal court system, with the first Congress deciding it could regulate the jurisdiction of all Federal courts.

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Article III of the Constitution establishes the federal judiciary

Article III of the US Constitution establishes the federal judiciary as one of the three distinct branches of the federal government. The other two are the legislative and executive branches. The three branches operate within a constitutional system of "checks and balances", where each branch is formally separate but must often cooperate with the others. For example, federal laws are passed by Congress and signed by the President, but the judicial branch has the authority to decide the constitutionality of these laws and resolve other cases involving federal laws.

Article III created the Supreme Court and authorised Congress to pass laws establishing a system of lower courts. The Supreme Court consists of a chief justice and five associate justices, any four of whom can form a quorum. The US federal judiciary also includes the US Courts of Appeals and the US District Courts. There are 13 appellate courts that sit below the US Supreme Court, and 94 district or trial courts. The nation's district courts resolve disputes by determining the facts and applying the law to those facts.

Article III states that federal judges are appointed by the president with the consent of the Senate and that they serve until they resign, are impeached and convicted, or die. Judges "shall hold their Offices during good Behaviour" and "shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office."

The Judiciary Act of 1789 established a Federal court system, with Congress regulating the jurisdiction of all Federal courts.

The Supreme Court is the highest court in the federal judiciary

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The Supreme Court has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by the highest court of a state, the case could be appealed to the federal Supreme Court. However, if that same case were decided entirely on a state law similar to the First Amendment, the Supreme Court of the United States would not be able to consider the case.

The Supreme Court was established by Article III of the U.S. Constitution, which also created a system of lower courts. The Constitution does not specify the size of the Supreme Court, nor does it specify any specific positions for the court's members. The power to define the Supreme Court's size and membership has been assumed to belong to Congress, which initially established a six-member Supreme Court composed of a chief justice and five associate justices through the Judiciary Act of 1789. The size of the court has changed over time, reaching its highest point in 1863 with the creation of a Tenth Circuit and the appointment of a tenth justice. The current size of the court is nine justices—eight associate justices and one chief justice.

The Supreme Court's role within the federal judiciary is to interpret the U.S. Constitution and federal laws and resolve cases involving these laws. It operates within a constitutional system of "checks and balances," where each of the three branches of the federal government—legislative, executive, and judicial—has its own distinct roles and areas of authority. The judicial branch, in particular, has the authority to decide the constitutionality of federal laws, while also depending on the executive branch to enforce court decisions.

Congress can establish lower federal courts

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 the Congress may from time to time ordain and establish". This means that Congress is authorised to pass laws establishing a system of lower federal courts.

Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. The first Congress decided that it could regulate the jurisdiction of all Federal courts, and in the Judiciary Act of 1789, it established a limited jurisdiction for the district and circuit courts. This act also gave the Supreme Court original jurisdiction and granted it appellate jurisdiction in cases from the Federal circuit courts and state courts where those courts' rulings had rejected Federal claims.

Congress has continued to build on the interpretation of the Judiciary Act of 1789, exercising a discretionary power to expand or restrict Federal court jurisdiction. The judicial system remained essentially as established by the Judiciary Act of 1789 for nearly a century. The separate tier of appellate circuit courts created in 1891 was one of the first major changes to the judicial structure.

Congress has also established other tribunals within the executive branch to assist the president in executing their powers. Judges who staff these tribunals are generally considered part of the executive branch, although they exercise quasi-judicial powers.

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Federal judges are appointed by the president

Article III of the US Constitution establishes the federal judiciary as one of the three separate and distinct branches of the federal government. The other two branches are the legislative and executive branches. Article III created the Supreme Court and authorised Congress to pass laws establishing a system of lower courts. The federal judiciary consists primarily of the US Supreme Court, the US Courts of Appeals, and the US District Courts. It also includes a variety of other lesser federal tribunals.

Article III states that federal judges are appointed by the president with the consent of the Senate and that they serve until they resign, are impeached and convicted, or die. The Judges of both the supreme and inferior Courts shall hold their offices during good behaviour and shall, at stated times, receive for their services, a compensation that shall not be diminished during their continuance in office.

The founders of the new nation believed that the establishment of a national judiciary was one of their most important tasks. One of the first acts of the new Congress was to establish a Federal court system through the Judiciary Act, signed by President Washington on September 24, 1789. The Judiciary Act of 1789 established a Federal court system with a limited jurisdiction for the district and circuit courts. It gave the Supreme Court original jurisdiction and granted the Court appellate jurisdiction in cases from the Federal circuit courts and state courts where those courts' rulings had rejected Federal claims.

Congress has the power to establish other tribunals within the executive branch to assist the president in executing his or her powers. Judges who staff them normally serve terms of fixed duration.

Federal courts have a system of checks and balances

Article III of the US Constitution establishes the judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. This system of separation of powers ensures that no single branch can dominate the others.

The federal judiciary, therefore, operates within a system of checks and balances, where each branch can influence and respond to the actions of the others. For example, the legislative branch can pass laws, but the president, as head of the executive branch, can veto them. The judicial branch, in turn, can declare laws unconstitutional, but it relies on the executive branch to enforce court decisions.

The legislative branch, through Congress, can also override a presidential veto by passing the law again with a two-thirds majority. Congress must also approve the appointment of federal judges, thereby influencing the makeup of the judicial branch.

The judicial branch can also declare acts of the president unconstitutional and can influence the actions of the legislative and executive branches. The people of the United States also have powers that allow them to act as a check on the federal government. They can bar a constitutional amendment by Congress if three-quarters of states refuse to ratify it, and they can influence the makeup of the judicial branch by voting for their Representatives and Senators.

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