Omar Bennett
The US Constitution's Article III establishes the federal judiciary, with Section 1 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 section outlines the Supreme Court's jurisdiction, including original jurisdiction over specific cases, such as suits between states, and appellate jurisdiction on almost all other cases involving constitutional or federal law. The judiciary's independence is protected by restrictions on salary decreases during justices' terms, who typically hold office for life. The Supreme Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare acts of Congress that violate the Constitution as unconstitutional. This power is not explicitly mentioned in the Constitution but was derived from the Court's interpretation of the Constitution as the supreme law of the land.
| Characteristics | Values |
|---|---|
| Article | III |
| Section | I, II, III |
| Judicial Power | Vested in one supreme court and such inferior courts as Congress may establish |
| Judges | Shall hold office during good behaviour and receive compensation that shall not be diminished during their term |
| Jurisdiction | All cases in law and equity, cases affecting ambassadors, public ministers, and consuls, cases of admiralty and maritime jurisdiction, controversies to which the US is a party, controversies between states, between citizens of different states, and between citizens of the same state claiming lands under grants of different states |
| Treason | Defined as levying war against the US or aiding their enemies; conviction requires testimony of two witnesses or confession in open court; Congress determines punishment |
| Judicial Review | The power to declare acts of Congress unconstitutional, established in Marbury v. Madison (1803) |
| Supreme Court Composition | One Chief Justice and eight Associate Justices |
| Judge Appointment | The President appoints judges with the approval of the Senate |
| Judge Independence | Protected by tenure during good behavior and prohibition on salary reductions |
Explore related products
$24.57 $37.99
What You'll Learn
Article III establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary. It outlines the structure and operation of the judiciary, including the creation of a Supreme Court and the potential for other federal courts.
Section 1 of 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." This section establishes the Supreme Court as the highest court in the land and gives Congress the power to organise it and create lower federal courts. The Judiciary Act of 1789 was the first exercise of this power, establishing a Supreme Court with six justices and a lower federal court system.
Section 2 of Article III outlines the jurisdiction of the Supreme Court, detailing the types of cases the Court can hear. It states that the judicial power "shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority." This includes cases involving the US government, multiple states, ambassadors and other public ministers, and maritime issues. The Court has original jurisdiction over certain cases, such as those involving ambassadors, and appellate jurisdiction over most other cases, allowing it to hear appeals on matters of constitutional or federal law.
The independence of the judiciary is also protected by Article III. Judges are appointed by the president with the approval of the Senate and hold office during good behaviour. Their salaries cannot be decreased during their term, and they are bound by oath to support the Constitution. These provisions ensure the judiciary's independence from political branches of government.
Article III also includes a definition of treason against the United States and outlines the requirements for conviction and punishment.
The US Constitution: A Global Impact Study
You may want to see also
Judicial power extends to all cases in law and equity
The Judicial Power in the US is vested in one Supreme Court by Article III of the US Constitution, which extends to all cases in law and equity. This article establishes the judiciary as a branch of the government with the power to interpret the law and settle disputes.
Section 1 of Article III outlines the role and power of the federal judiciary, including the Supreme Court and inferior courts established by Congress. It states that judges shall hold office during "good behaviour," meaning they serve for life unless they are impeached and removed from office. This ensures the independence of the judiciary and protects judges from political influence.
The scope of judicial power is outlined in Section 2 of Article III. It states that the judicial power shall extend to all cases, in law and equity, arising under the Constitution, federal laws, and treaties. This includes cases involving ambassadors, public ministers, and consuls. Additionally, the Supreme Court has original jurisdiction in cases affecting ambassadors, public ministers, and consuls and those in which a state is a party. All other cases fall under the original jurisdiction of inferior courts, with the Supreme Court having appellate jurisdiction, meaning it reviews decisions made by lower courts.
Article III, Section 2 also addresses the trial by jury, stating that "the Trial of all Crimes, except in Cases of Impeachment, shall be by Jury." This guarantees the right to a jury trial in criminal cases, reflecting the importance of due process and ensuring fair and impartial decision-making.
Furthermore, this section addresses the impact of judicial decisions and the execution of laws. It states that the laws and treaties made under the authority of the United States shall be the supreme law of the land. This ensures that the decisions of the Supreme Court and the laws passed by Congress take precedence over any conflicting state laws or constitutions, thereby establishing a uniform system of laws throughout the nation.
In conclusion, the statement "Judicial power extends to all cases in law and equity" reflects the fundamental principle of the US Constitution, granting the judiciary the authority to interpret and enforce the law, resolve disputes, and ensure justice is served. The establishment of the judiciary as a separate and independent branch of the government safeguards against the concentration of power and protects the rights and liberties of the people.
Capitalizing "Constitution": A Guide to Proper Noun Usage
You may want to see also
The Supreme Court has original jurisdiction over certain cases
Article III of the US Constitution establishes the federal judiciary and vests the judicial power of the United States in a Supreme Court. This Article outlines the jurisdiction of the Supreme Court, which includes original jurisdiction over certain cases and appellate jurisdiction over others.
The Supreme Court has original jurisdiction in "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". This means that the Supreme Court is the first court to hear these types of cases, and it has the power to issue rulings and decisions without needing to go through a lower court first. For example, suits between two or more states and cases involving ambassadors and other public ministers are under the original jurisdiction of the Supreme Court.
The concept of original jurisdiction is important because it ensures that certain types of cases are heard directly by the highest court in the land, which can provide a more efficient and consistent approach to resolving these legal matters. It also reflects the seriousness and significance of these cases, as they often involve constitutional, federal, or international issues.
In contrast, the Supreme Court primarily exercises appellate jurisdiction, meaning it hears cases that have already been decided by lower courts and are being appealed by one or more parties involved. The Supreme Court's appellate jurisdiction extends to almost any case involving a point of constitutional or federal law. 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 Supreme Court's ability to exercise both original and appellate jurisdiction highlights its crucial role in the US constitutional system of government. As the highest court in the land, it serves as the final arbiter of justice, ensuring that each branch of government recognises its own limits and protecting the civil rights and liberties of Americans.
The US Constitution: Foundation of a Nation
You may want to see also
Explore related products
Judicial review: the ability to declare acts in violation of the Constitution
The US Constitution establishes a Supreme Court in Article III, which also permits Congress to decide how to organise it and whether to include other federal courts in the nation's judiciary. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system.
The power of judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the Constitution. However, the Supreme Court established this doctrine in the case of Marbury v. Madison in 1803. In this landmark case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. Since Article VI of the Constitution establishes the Constitution as supreme, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
Article III, Section 2 outlines the scope of the judicial power, stating that it "shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority". This includes cases involving ambassadors, public ministers and consuls, admiralty and maritime jurisdiction, controversies between states or citizens of different states, and cases where the United States is a party.
The independence of the judiciary is protected by provisions in Article III that guarantee tenure during good behaviour and prohibit reductions in salary during a judge's term of office. These restrictions aim to shield the judiciary from political influence. Additionally, Article II stipulates that the president appoints judges with the approval of the Senate, further emphasising the judiciary's independence.
In summary, while the Constitution establishes the Supreme Court and outlines its jurisdiction, the power of judicial review to declare acts in violation of the Constitution was established through judicial precedent in Marbury v. Madison. This power is a crucial aspect of the Supreme Court's role in safeguarding constitutional limits on government power and protecting civil rights and liberties.
Understanding Legal Non-Biological Fatherhood in Florida
You may want to see also
Congress decides how to organise the Supreme Court
Article III of the US Constitution establishes the federal judiciary. Article III, 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 of the Constitution gives Congress the power to decide how to organise the Supreme Court.
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. This Act also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
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 case today. There is one Chief Justice and eight Associate Justices of the United States Supreme Court.
The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure 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.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining the types of cases over which the Court has original and appellate jurisdiction. The Court's power of judicial review, however, is not explicitly mentioned in the text of the Constitution but was established in the case of Marbury v. Madison in 1803.
Exploring the House: Powers and the Constitution
You may want to see also
Frequently asked questions
Article III of the US Constitution establishes the federal judiciary.
Article III, 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." It also outlines the jurisdiction of the Supreme Court, including original jurisdiction over certain cases and appellate jurisdiction over almost any other case involving a point of constitutional and/or federal law.
Article III also mentions that judges of the Supreme Court and inferior courts shall hold their offices during good behaviour and shall receive compensation that shall not be diminished during their continuance in office. It also outlines the powers of the judicial branch, stating that the judicial power shall extend to all cases in law and equity arising under the Constitution, as well as cases involving ambassadors, public ministers, and consuls, among other specified cases.
