Omar Bennett
The US Constitution's preamble sets the stage for the document, communicating the intentions of its framers. It states that the Constitution was established to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity. Article III of the Constitution establishes the federal judiciary, vesting the judicial Power of the United States in a supreme Court and inferior Courts. This article outlines the jurisdiction of the Supreme Court, which serves as the highest court and court of last resort for those seeking justice.
| Characteristics | Values |
|---|---|
| The preamble sets the stage for the Constitution | Establishes justice as one of the intentions of the framers and the purpose of the document |
| The Supreme Court is the highest court in the land | The court of last resort for those looking for justice |
| The Supreme Court has the power of judicial review | Ensures that each branch of government recognizes the limits of its power |
| The Supreme Court protects civil rights and liberties | Strikes down laws that violate the Constitution |
| The Supreme Court sets appropriate limits on democratic government | Ensures that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities |
| The Supreme Court has original jurisdiction over certain cases | Cases involving suits between two or more states, cases involving ambassadors and other public ministers, and certain cases involving ships on the high seas and navigable waterways (admiralty cases) |
| The Supreme Court has appellate jurisdiction on almost any other case involving a point of constitutional and/or federal law | Cases to which the United States is a party, cases involving treaties, and cases affecting ambassadors, other public ministers, and consuls |
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What You'll Learn
The preamble to the US Constitution
The preamble goes on to state several key objectives that the Constitution aims to achieve. One of the primary goals is to "establish Justice," which is the first of five stated objectives. This phrase emphasizes the importance of creating a fair and just society, where the law is applied equally to all citizens. It reflects the framers' intention to establish a judicial system that protects the rights and liberties of the people and ensures equal justice under the law.
The other objectives mentioned in the preamble include "insuring domestic Tranquility," "providing for the common defence," "promoting the general Welfare," and "securing the Blessings of Liberty to ourselves and our Posterity." These objectives highlight the framers' desire to create a stable, peaceful, and prosperous society, where the rights and freedoms of the people are protected, and the blessings of liberty are secured for future generations.
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Judicial power and jurisdiction
The US Constitution establishes the federal judiciary in Article III, which also outlines the judicial power and jurisdiction of the Supreme Court. Section I 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 section empowers Congress to organise the Supreme Court and establish lower federal courts, which it first did through the Judiciary Act of 1789. This Act set the initial number of Supreme Court justices at six and created the lower federal court system.
Article III, Section II of the Constitution defines the jurisdiction of the Supreme Court, which refers to its legal authority to hear cases. The Supreme Court has original jurisdiction over specific cases, such as suits involving ambassadors, other public ministers, and consuls, as well as controversies between two or more states. In these cases, the Supreme Court is the first court to hear them. The Court also has appellate jurisdiction, where it can hear cases on appeal, in almost all other cases that involve points of constitutional or federal law. Examples include cases where the United States is a party, those involving treaties, and admiralty cases involving ships on the high seas or navigable waterways.
The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether to hear a case when exercising its appellate jurisdiction. The Court receives numerous petitions for writs of certiorari each year, carefully selecting a small number to review. The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), is particularly significant. This power enables the Court to declare a Legislative or Executive act in violation of the Constitution, ensuring that each branch of government respects its limits.
The Supreme Court plays a pivotal role in the constitutional system of government. As the highest court in the nation, it serves as the final arbiter of justice. It safeguards civil rights and liberties by striking down laws that contravene the Constitution. Additionally, the Court helps maintain the balance of power between the majority and minority by preventing the passage of laws that may harm or exploit unpopular minorities. The decisions of the Supreme Court extend beyond the legal community, impacting society at large and shaping the fundamental values of the American people.
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The role of the Supreme Court
The US Constitution's preamble sets the stage for the document, communicating the intentions of its framers and its purpose. The preamble is not the law, but it does express the aspirations of "We the People of the United States". One of the five objectives outlined in the preamble is to "establish Justice".
Article III of the Constitution establishes the federal judiciary and the jurisdiction of the Supreme Court. Section I 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." The Constitution permits Congress to decide how to organise the Supreme Court, and they first did so in the Judiciary Act of 1789, which created a Supreme Court with six justices.
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 cases involving ambassadors and other public ministers. The Court 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 its best-known power. This power allows 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). The Court's power of judicial review ensures that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution. The Supreme Court also ensures that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities, thus setting appropriate limits on democratic government.
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The Certiorari Act of 1925
The Act was a response to the Supreme Court's growing caseload in the early 20th century, which was attributed to increased federal litigation associated with World War I and the enforcement of Prohibition. The Court was overwhelmed, and the number of appeals was on a constant upward trajectory.
To address this challenge, Chief Justice William Howard Taft appointed a committee of three justices to draft a proposal that would amend the Judicial Code of the United States and clarify the jurisdiction of the nation's circuit courts. The committee comprised Justices Willis Van Devanter, James Clark McReynolds, and George Sutherland.
The resulting bill, known as "the Judges Bill," aimed to create a more unified and logical system for managing appeals to the Supreme Court. It achieved this by eliminating direct appeals from district courts to the Supreme Court, except in specific cases, such as those involving interstate commerce, anti-trust legislation, and writs of errors by the United States in criminal cases.
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Civil rights and liberties
The US Constitution's preamble states:
> We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
The preamble sets the stage for the Constitution, communicating the intentions of its framers and the purpose of the document. While it is not the law, it introduces the highest law of the land. "Establish Justice" is the first of five objectives outlined in the 52-word paragraph.
Article III of the Constitution establishes the federal judiciary and the jurisdiction of the Supreme Court. The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It also has the power of judicial review, which is not found within the text of the Constitution itself but was established in the case of Marbury v. Madison (1803). This means the Court can declare a Legislative or Executive act in violation of the Constitution. The Supreme Court plays an essential role in ensuring that each branch of government recognises the limits of its own power.
The Supreme Court also protects civil rights and liberties by striking down laws that violate the Constitution. It ensures that popular majorities cannot pass laws that harm or take undue 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.
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Frequently asked questions
The Preamble to the US Constitution mentions justice, stating that it was written to "establish Justice".
The Preamble is an introduction to the Constitution and sets out the intentions of its framers. It is not a law itself but clearly communicates the purpose of the document.
Article III of the Constitution establishes the federal judiciary and the jurisdiction of the Supreme Court. 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."
The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It plays a crucial role in ensuring that each branch of government recognizes its own power limits and protects civil rights and liberties by striking down laws that violate the Constitution.
