Jonah Patel
Article III of the US Constitution establishes the judicial branch of government with the creation of the Supreme Court, which is the highest court in the nation. The judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may ordain and establish. The Constitution grants Congress the power to establish courts inferior to the Supreme Court, such as the United States district courts and the United States courts of appeals. The Supreme Court's main job is to decide if laws are constitutional, and it has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. The judicial power extends to all cases in law and equity, including those arising under the Constitution, laws of the United States, and treaties made under their authority. The Constitution also guarantees every person accused of wrongdoing the right to a fair trial.
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What You'll Learn
The Supreme Court is the highest court in the nation
The Supreme Court is the highest court in the United States. It was established by Article III of the Constitution, which outlines the judicial branch of government. Article III 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 final court of appeal, with the power to hear cases on appeal involving constitutional and/or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. In all other cases, the Court has appellate jurisdiction.
The Supreme Court plays a crucial role in the constitutional system of government. It serves as the court of last resort for those seeking justice. Through its power of judicial review, the Court ensures that each branch of government recognizes its limits. This power allows the Court to declare a legislative or executive act in violation of the Constitution. The Court also protects civil rights and liberties by striking down laws that are found to be unconstitutional.
The Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These protections are in place to safeguard the independence of the judiciary from political influence.
The decisions of the Supreme Court have far-reaching implications, impacting not just lawyers and judges but society as a whole. The Court's role in interpreting the Constitution and resolving disputes involving federal laws is essential to maintaining the balance of power between the branches of government and upholding the fundamental rights and values of Americans.
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Congress decides how to organise the Supreme Court
Article III, Section I of the US Constitution establishes the judicial branch of government with the creation 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."
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. This Act also 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. Following the Civil War, the number of seats was fixed at nine, which remains the case today. The Court consists of one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government. Judicial power is the authority to render dispositive judgments, and it extends to all cases in law and equity arising under the Constitution, laws of the United States, and treaties made under their authority. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. In these cases, the Supreme Court has the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The Court also has appellate jurisdiction on almost any other case involving a point of constitutional or federal law. This includes cases where the United States is a party, those involving treaties, and admiralty cases. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear such cases.
The best-known power of the Supreme Court is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Court held that an Act of Congress contrary to the Constitution could not stand.
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The judicial branch has the power to declare punishment for treason
Article III of the US Constitution establishes the judicial branch of government, with the creation of the Supreme Court. The judicial branch has a range of powers, including the power to hear cases and controversies, interpret the law, and ensure justice is administered fairly and impartially.
The judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may establish. This includes the power to decide cases and controversies arising under the Constitution and federal laws, as well as those involving ambassadors, public ministers, and consuls.
Now, onto the topic of treason. Treason is a unique offense in the US constitutional order. It is the only crime expressly defined by the Constitution and applies only to Americans who have betrayed their allegiance to the United States. Treason against the United States consists of levying war against them or aiding their enemies. No person can be convicted of treason without the testimony of two witnesses to the same overt act or a confession in open court.
While the Constitution grants Congress the power to declare the punishment for treason, it also includes an important limitation. It states that no attainder of treason shall work corruption of blood or forfeiture beyond the life of the person attainted. In other words, while Congress can establish penalties for treason, it cannot impose punishments that affect the family members or heirs of the convicted individual.
In summary, the judicial branch has the authority to hear treason cases, ensure due process, and interpret the law. It can declare punishment for treason within the bounds set by Congress, respecting the limitations outlined in the Constitution, such as the prohibition of "corruption of blood."
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Federal judges can only be removed through impeachment
Article III of the US Constitution establishes the judicial branch of government with the creation of the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government.
With respect to federal judges, under Article I of the US Constitution, the House of Representatives has the power to impeach, and the Senate has the power to hold a trial to determine whether removal is appropriate. The House can impeach a judge with a simple majority vote, but a judge may only be removed from office following a trial and a vote to convict by a two-thirds majority of the Senate.
Since 1803, the House of Representatives has impeached only 15 judges—an average of one every 14 years—and only eight of those impeachments were followed by convictions in the Senate. Judges may be removed following impeachment and conviction for "Treason, Bribery, or other high Crimes and Misdemeanors".
Some examples of federal judges who have been impeached and removed from office include:
- John Pickering, U.S. District Court for the District of New Hampshire, impeached in 1803 on charges of mental instability and intoxication on the bench
- Mark W. Delahay, U.S. District Court for the District of Kansas, impeached in 1862 on charges of refusing to hold court and waging war against the US government
- G. Thomas Porteous Jr., U.S. District Court for the Eastern District of Louisiana, impeached in 2010 on charges of accepting bribes and making false statements under penalty of perjury
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The judicial branch guarantees the right to a fair trial
Article III of the US Constitution establishes the judicial branch of government with the creation of the Supreme Court, which is the highest court in the nation. The judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may ordain and establish. The Constitution grants Congress the power to establish courts inferior to the Supreme Court, including the United States district courts and 13 United States courts of appeals.
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. This includes cases affecting ambassadors, public ministers, and consuls, as well as cases of admiralty and maritime jurisdiction. The judicial branch also has jurisdiction over controversies to which the United States is a party, controversies between two or more states, and cases between citizens of different states or of the same state claiming lands under grants of different states.
The Supreme Court's main job is to decide if laws are constitutional and to protect civil rights and liberties by striking down laws that violate the Constitution. The Court's power of judicial review ensures that each branch of government recognizes the limits of its power and sets appropriate limits on democratic government. The Court has appellate jurisdiction, or the power to hear cases on appeal, on almost any case that involves a point of constitutional and/or federal law.
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Frequently asked questions
Article III of the Constitution establishes the judicial branch of the US government with the creation of the Supreme Court. The Supreme Court is the highest court in the nation and is vested with the judicial powers of the government.
The Judicial Branch has the power to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision. It also has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
The Judicial Branch plays an important role in the constitutional system of government. It is the court of last resort for those seeking justice. It also ensures that each branch of the government recognizes the limits of its power.
Judicial power is the authority to render dispositive judgments, whereas jurisdiction is the power to hear and determine the subject matter in controversy between parties to a suit. Jurisdiction is a prerequisite to the exercise of judicial power.
