Jonah Patel
The US Constitution establishes the Supreme Court in Article III, Section I, which 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. Article III, Section II establishes the jurisdiction of the Supreme Court, outlining its original jurisdiction (where the Supreme Court is the first and only court to hear a case) and its appellate jurisdiction (where the Court has the authority to review decisions of lower courts). The Constitution also specifies that judges of the Supreme Court shall hold office during good behaviour and receive compensation that cannot be diminished during their continuance in office.
| Characteristics | Values |
|---|---|
| Highest court in the country | Supreme Court |
| Judicial power | Power to interpret the law and administer justice |
| Jurisdiction | Original and appellate jurisdiction |
| Judicial review | Power to declare acts of other branches unconstitutional |
| Treason | Levying war against the U.S. or supporting its enemies |
| Judges | Appointed by the President with the consent of the Senate |
| Judge tenure | Life tenure, unless they violate their oath of office |
| Judge compensation | Cannot be diminished during their continuance in office |
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What You'll Learn
- The Supreme Court is the highest court in the US
- It has jurisdiction over cases involving ambassadors, public ministers, and disputes between states
- The Supreme Court has the power of judicial review
- The court's independence is protected by lifetime tenure
- Congress decides how to organise the Supreme Court
The Supreme Court is the highest court in the US
> "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 gives Congress the power to decide how to organise the Supreme Court, and the Judiciary Act of 1789 created a Supreme Court with six justices. The number of seats on the Supreme Court has varied over the years, but since the Civil War, there have been nine justices: one Chief Justice and eight Associate Justices. Justices are appointed by the President and confirmed by the Senate, and they typically hold office for life.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction, meaning it can review decisions made by lower courts in cases involving points of constitutional or federal law. The Court has the power to strike down state laws found to be in violation of the Constitution and plays a crucial role in ensuring that each branch of government recognises its own limits.
The Supreme Court's term typically begins on the first Monday in October and goes through to the Sunday before the first Monday in October of the following year. The Court hears oral arguments from October to April, with two cases heard each day. Lawyers for each party have half an hour to present their arguments to the Justices. To petition the Court for a review of a lower court decision, a party must ask the Supreme Court to grant a writ of certiorari, and four of the nine Justices must vote to accept the case.
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It has jurisdiction over cases involving ambassadors, public ministers, and disputes between states
The US Constitution establishes the Supreme Court as the highest court in the country and outlines its judicial powers in Article III. Article III, Section I, states:
> "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."
Article III grants the Supreme Court judicial power over cases arising under the Constitution, federal laws, and treaties. This includes cases involving ambassadors, public ministers, and disputes between states.
The Constitution grants the Supreme Court original jurisdiction over cases involving ambassadors, other public ministers, and consuls, as well as disputes between states. This means that the Supreme Court has the authority to hear these cases as the first court, rather than on appeal from a lower court.
The Supreme Court's jurisdiction in these types of cases is established in Article III, Section II, which states:
> "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction."
The Court's original jurisdiction over cases involving ambassadors and public ministers ensures that matters involving foreign relations are given the highest level of judicial attention. Disputes between states are also given original jurisdiction to ensure a neutral forum for resolving conflicts between different states' interests.
In addition to its original jurisdiction, the Supreme Court also has appellate jurisdiction in almost all other cases, allowing it to hear appeals from lower courts on a wide range of legal matters.
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The Supreme Court has the power of judicial review
The US Constitution establishes the framework for the Supreme Court, outlining its jurisdiction and powers, and defining treason in Article III. The first section of Article III creates the US Supreme Court as the federal system's highest court. It grants the Supreme Court judicial power over all cases arising under the Constitution, federal laws, and treaties.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
The Supreme Court's best-known power is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established by the Court in the case of Marbury v. Madison (1803). In this case, the Court asserted its power of judicial review, interpreting Article III as giving the federal courts the final say over the meaning of the Constitution and all federal laws. The Court held that an Act of Congress that is contrary to the Constitution could not stand.
In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. The Supreme Court's power of judicial review plays an essential role in ensuring that each branch of government recognizes the limits of its own power.
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The court's independence is protected by lifetime tenure
The independence of the Supreme Court is protected by the lifetime tenure of its judges. This is enshrined in Article III of the Constitution, which establishes the judiciary as a separate branch of the national government.
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 also outlines the concept of "good behaviour," which refers to the expectation that judges will serve during their lifetime so long as they do not violate their oath of office. Their salaries cannot be diminished during their continuance in office, further protecting the independence of the judiciary.
The Framers of the Constitution were prepared to have a country with only one federal court, the Supreme Court. This Court was established as the highest court in the country, with the power of judicial review. This power allows the Supreme Court to interpret the Constitution and declare acts of other branches unconstitutional, ensuring that each branch of government recognizes its own limits.
The Supreme Court's independence is crucial to its role as the final arbiter of justice and guardian of constitutional rights. Its judges are appointed by the President with the consent of the Senate, and they have the authority to hear cases of original and appellate jurisdiction. The Court's independence, protected by lifetime tenure, ensures that judges can make decisions without fear of reprisal or external influence, maintaining the integrity of the judicial system.
The Supreme Court's power of judicial review, established in the landmark case of Marbury v. Madison (1803), is not explicitly mentioned in the Constitution but has become one of its best-known powers. This power allows the Court to strike down state laws found to be in violation of the Constitution, further emphasizing the importance of an independent judiciary.
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Congress decides how to organise the Supreme Court
Article III, Section I of the US Constitution establishes the federal judiciary and specifies 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 means that while the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it and create inferior federal courts.
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. 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. After the Civil War, the number of seats was fixed at nine, which remains the case today, with one Chief Justice and eight Associate Justices.
Congress has the authority to establish and organise inferior federal courts, which operate in every state. These include federal district courts, where cases are filed and tried, and specialty courts such as admiralty or bankruptcy courts. The trial courts examine the facts of a case and determine guilt or innocence, or which side is correct in a dispute. Congress also has the power to create courts with specific jurisdictions, such as the Court of Claims, which was established in 1855 to decide on the validity of monetary claims against the United States.
While the Constitution outlines the role and powers of the Supreme Court, it is Congress that decides the specific organisation and structure of the Court, including the number of justices and the establishment of inferior federal courts. This flexibility allows the judicial system to adapt to the changing needs of the nation over time.
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Frequently asked questions
Article III, Section I of the Constitution establishes the federal judiciary and states that the Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. The Constitution limits original jurisdiction cases to those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means that the Court can review the decisions of lower courts.
The Constitution establishes the Supreme Court as the highest court in the land and gives it the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Court also has the authority to strike down state laws found to be in violation of the Constitution and has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The Constitution permits Congress to decide how to organize the Supreme Court. 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. Today, there are nine Justices on the Court, including one Chief Justice and eight Associate Justices.
The Constitution states that before taking office, each Justice must be appointed by the President and confirmed by the Senate. Justices hold office during good behaviour and are compensated for their services.
