The Constitution's Power To Establish Courts

The U.S. Constitution establishes the federal judiciary and outlines the three branches of the federal government: legislative, executive, and judicial. Article III of the Constitution establishes the Supreme Court as the highest court in the United States and authorizes Congress to pass laws establishing a system of lower courts. The Constitution permits Congress to decide how to organize the Supreme Court and establish inferior courts, determining the time and place of sessions, and regulating the modes and practices of proceeding. This separation of powers ensures a balance so that one branch of the government does not overpower another, with each branch having its own roles and authority.

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The US Constitution's Article III 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, alongside the legislative and executive branches. This system of checks and balances ensures that each branch has its own roles and areas of authority, with the Constitution sometimes requiring cooperation between them.

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 authorizes the creation of inferior courts but does not mandate it. The Constitution establishes the Supreme Court but gives Congress the authority to decide on its organization and the power to regulate the modes and practices of inferior federal courts.

The Judiciary Act of 1789, passed by the First Congress, created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Supreme Court has varied, and it was fixed at nine after the Civil War. The current composition includes one Chief Justice and eight Associate Justices.

Article III, Section II establishes the jurisdiction of the Supreme Court. It has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors, and appellate jurisdiction on almost all other cases involving points of constitutional or federal law. Congress may not amend the Court's original jurisdiction but can prescribe exceptions and regulations for its appellate jurisdiction.

Article III, Section 3 defines treason against the United States and empowers Congress to determine the punishment, with certain limitations. This section also outlines the requirements for conviction, including the testimony of two witnesses or a confession in open court.

Congress has the power to decide how to organise the Supreme Court

The US Constitution establishes the federal judiciary and outlines the legislative, executive, and judicial branches of the federal government. Article III, Section I of the Constitution 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 means that while the Constitution establishes the Supreme Court, it gives Congress the power 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 and established the lower federal court system. Over the years, Congress has altered the number of seats on the Supreme Court through various Acts, with the number of justices ranging from five to ten.

Congress also has the authority to determine when and where the Court's sessions take place, as well as what cases the Court has jurisdiction over. The Supreme Court's appellate jurisdiction, or its power to review lower court decisions, is subject to "exceptions and regulations" prescribed by Congress. Congress can also regulate the modes and practices of proceeding in inferior federal courts.

The Supreme 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 Court's decisions have a profound impact on society, setting limits on democratic government and ensuring that popular majorities cannot pass laws that harm or take undue advantage of minorities.

The Judiciary Act of 1789 created a Supreme Court with six justices

The United States Constitution divides the federal government into three distinct branches: the legislative, executive, and judicial branches. These branches operate within a system of checks and balances, where each branch has its own roles and areas of authority.

Article III of the U.S. Constitution establishes the judicial branch and authorizes Congress to pass laws establishing a system of lower courts. 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 Judiciary Act of 1789 was one of the first acts of the new Congress, establishing a federal court system. It created a Supreme Court with six justices: one Chief Justice and five Associate Justices. The Act also established 13 judicial districts within the 11 states that had ratified the Constitution at that time, with each state comprising one district, except for Virginia and Massachusetts, which had two each.

The Judiciary Act of 1789 also included the Alien Tort Statute, which provided jurisdiction to district courts over lawsuits by aliens for torts violating laws or treaties of the United States. Additionally, it gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.

The Judiciary Act of 1789 set the foundation for the federal judiciary, and while minor adjustments have been made, the federal court system today closely resembles the one established over two centuries ago.

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The Supreme Court has original and appellate jurisdiction

The US Constitution establishes the federal judiciary and outlines the powers of the Supreme Court. Article III, Section I of the US Constitution 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 constitutional provision establishes the Supreme Court as the highest court in the nation and grants Congress the authority to create lower courts, such as the US courts of appeals and district courts.

The Supreme Court has both original and appellate jurisdiction. Original jurisdiction refers to the Court's power to hear certain cases for the first time, without any prior proceedings in lower courts. The Constitution grants the Supreme Court original jurisdiction in specific types of cases, as outlined in Article III, Section 2. These include cases involving ambassadors, other public ministers, and consuls, as well as controversies between two or more states or between a state and citizens of another state.

Appellate jurisdiction, on the other hand, refers to the Court's power to review and revise decisions made by lower courts. The Supreme Court's appellate jurisdiction is broader and covers almost any case involving a point of constitutional or federal law. This includes cases where the United States is a party, cases involving treaties, and admiralty cases. The Court has the discretion to decide whether to hear a case within its appellate jurisdiction, except in certain circumstances prescribed by Congress.

The distinction between original and appellate jurisdiction is important because it determines the level of authority and responsibility held by the Supreme Court in different types of cases. The Court's original jurisdiction grants it the authority to hear specific cases from the outset, while its appellate jurisdiction allows it to review and potentially overturn decisions made by lower courts.

The Supreme Court's jurisdiction, particularly its appellate jurisdiction, has been shaped by significant cases throughout history. One notable case is Marbury v. Madison in 1803, where the Court established its power of judicial review. This power allows the Court to declare a legislative or executive act unconstitutional, reinforcing the principle that the Constitution is the supreme law of the land.

The Court's power of judicial review ensures each branch of government recognises its limits

The US Constitution establishes three distinct branches of government: the legislative, executive, and judicial. Each branch has its own roles and areas of authority, and they operate within a system of checks and balances. This means that while each branch is formally separate, the Constitution often requires cooperation among them.

The judicial branch, for example, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. This power of judicial review allows federal courts to declare that federal or state government actions violate the Constitution. While judicial review is now a distinctive feature of US constitutional law, the Constitution does not explicitly grant federal courts the power to declare government actions unconstitutional.

The power of judicial review ensures that each branch of government recognises its limits. For instance, courts may strike down executive orders on the grounds that the president lacked the authority to issue them or that the order is found to be unconstitutional. Federal court review of executive orders helps to define the scope of presidential powers and serves as a check on executive power.

The Supreme Court's decision in Marbury v. Madison (1803) confirmed that federal courts possess the authority to review the actions of the executive branch. This includes the actions of administrative agencies and the validity of formal directions issued to executive branch agencies and officials, most commonly in the form of executive orders. While the Supreme Court has struck down executive orders on occasion, it generally exercises caution when reviewing the exercise of presidential power.

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