Eleanor Finch
The Constitution of the United States establishes the federal judiciary, with Article III, Section I 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. While the Constitution created the Supreme Court, it allowed 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 and established the lower federal court system. Over time, Congress has altered the number of seats on the Supreme Court, ranging from five to ten justices. The last time Congress changed the size of the Court was in 1869, when it was fixed at nine justices. The Supreme Court plays a crucial role in interpreting and safeguarding Constitutional rights, ensuring that each branch of government respects its limits, and protecting civil liberties by striking down laws that violate the Constitution.
| Characteristics | Values |
|---|---|
| Article of the Constitution that establishes the federal judiciary | III |
| Section of the Constitution that establishes the federal judiciary | III, Section I |
| Number of Justices in the Supreme Court in 1789 | 6 |
| Year in which the number of Justices in the Supreme Court was fixed at 9 | 1869 |
| Number of amendments proposed to the Constitution | 33 |
| Number of amendments ratified and added to the Constitution | 27 |
| Number of unratified amendments | 6 |
Explore related products
What You'll Learn
The Supreme Court's role in the US Constitution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It was established by Article III of the US Constitution, 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."
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 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. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court, 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 of office. These restrictions are meant to protect the independence of the judiciary from political branches of government.
The Supreme Court has original jurisdiction over a narrow range of cases, such as those involving ambassadors, public ministers, and consuls, and those in which a state is a party. It also has appellate jurisdiction over almost any case that involves a point of constitutional or federal law. The Court plays a crucial role in ensuring that each branch of government recognises the limits of its power and that civil rights and liberties are protected by striking down laws that violate the Constitution and setting limits on democratic government, ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The Supreme Court has been criticised for giving the federal government too much power to interfere with state authority. For example, it has been accused of allowing the federal government to misuse the Commerce Clause by upholding regulations and legislation that have little to do with interstate commerce. Some of the most notable historical decisions of the Supreme Court that have been criticised for failing to protect individual rights include the Dred Scott decision in 1857, which stated that people of African descent could not be US citizens, and Plessy v. Ferguson in 1896, which upheld segregation.
Florida Amendments: When Do They Become Law?
You may want to see also
Amendments to the Supreme Court
The United States Constitution establishes the federal judiciary, with Article III, Section I 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." 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, various Acts of Congress have altered the number of seats on the Supreme Court, ranging from five to ten justices. In 1869, Congress expanded the Court to include nine justices, which remains the current number of justices today. The 1869 legislation was the last time Congress changed the size of the Supreme Court.
The Supreme Court's role in the constitutional system of government is significant. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognises its own limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court has also played a role in interpreting the Constitution and determining the balance of power between the Court and Congress. In one case, the Court held that an Act of Congress contrary to the Constitution could not stand, establishing its authority to strike down state laws that violate the Constitution.
The process of amending the Constitution is outlined in Article Five, which requires amendments to be properly proposed and ratified before becoming operative. Amendments can be proposed by a two-thirds majority in both the Senate and the House of Representatives or by a national convention called by Congress on the application of two-thirds of the states. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Amending the Constitution: Adapting to Change
You may want to see also
The Supreme Court's power to strike down laws
The Supreme Court of the United States is the highest court in the land and is the court of last resort for those seeking justice. The Court's power of judicial review allows it to strike down laws that violate the Constitution. This power of judicial review applies to federal, state, and local legislative and executive actions. Notably, the Constitution does not explicitly grant the Supreme Court the power of judicial review. Instead, this authority has been inferred from the structure, provisions, and history of the Constitution.
One notable example of the Supreme Court's power to strike down laws is the case of Marbury v. Madison in 1803. In this case, the Supreme Court asserted its authority to strike down a law as unconstitutional for the first time. The Court refused to issue a writ of mandamus, a legal order compelling a government official to act in accordance with the law, on the basis that the requested writ violated Article III of the Constitution. This case established an important precedent for the Supreme Court's power of judicial review and its ability to strike down laws that conflict with the Constitution.
In addition to its power to strike down laws, the Supreme Court also plays a crucial role in interpreting the Constitution and protecting civil rights and liberties. The Court ensures that each branch of the government recognizes its limits and upholds the separation of powers and constitutional checks and balances. Furthermore, the Court safeguards minority rights by striking down laws passed by majorities that infringe upon the rights of minority groups.
Congress Approved Amendments: A Historical Timeline
You may want to see also
Explore related products
Judicial review
The United States Constitution has been amended several times since it was put into operation on March 4, 1789, with twenty-seven amendments ratified and adopted. Article III, Section I of the Constitution establishes the federal judiciary, 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."
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. This Act also gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law.
The number of seats on the Supreme Court has varied over the years, ranging from five to ten justices. In 1869, Congress expanded the Court to include nine justices, which remains the current number. The Supreme Court also has the power of judicial review, which allows it to strike down state laws found to be in violation of the Constitution and ensure that each branch of government recognises its own limits.
The process of amending the Constitution is outlined in Article Five, which requires amendments to be properly proposed and ratified before becoming operative. Amendments can be proposed by a two-thirds majority in both houses of Congress or by a national convention called by Congress at the request of two-thirds of state legislatures. To become part of the Constitution, an amendment must be ratified by three-fourths of the states.
Amending the Constitution: When and How?
You may want to see also
The Supreme Court's authority over civil rights
Article III of the US Constitution establishes the federal judiciary, with Article III, Section I 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." While the Constitution establishes the Supreme Court, it allows 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 and established the lower federal court system.
The Supreme Court has the final say on whether a right is protected by the Constitution or when a Constitutional right has been violated. It plays a crucial role in the constitutional system of government, acting as the highest court and the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognises the limits of its authority.
The Supreme Court protects civil rights and liberties by striking down laws that violate the Constitution. It sets limits on democratic governments by ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. For example, in the 1964 case of Heart of Atlanta Motel, Inc. v. United States, the Supreme Court ruled that Congress had the authority to pass a law prohibiting racial discrimination in public accommodations.
The Supreme Court has also issued rulings that have had a significant impact on civil rights, such as the 1954 Brown v. Board of Education case, which spoke against racially segregated public education, and the 1969 Tinker v. Des Moines Independent School District case, which affirmed that students do not give up their rights when they enter school premises.
The Evolution of American Constitution Amendments
You may want to see also
Frequently asked questions
The Constitution was amended in 1789 to allow for the creation of the Supreme Court.
The Judicial Branches Amendment.
It established the Supreme Court and authorised Congress to set up inferior courts.
It set out the scope of federal judicial power and the trial by jury.
