Eleanor Finch
Article III of the US Constitution establishes the federal judiciary, outlining the judicial powers and the structure of the Supreme Court and inferior federal courts. This article reflects the intention of the Framers of the Constitution to create a balanced government that avoids tyranny and ensures a fair system of justice. Judicial power is defined as the authority to render dispositive judgments and make binding decisions on cases within a court's jurisdiction. The Supreme Court, as the highest court in the land, plays a crucial role in the constitutional system of government, including ensuring that each branch of government recognises its limits and protecting civil rights and liberties.
| Characteristics | Values |
|---|---|
| Judicial power | The power "of a court to decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision" |
| Jurisdiction | The power to hear and determine the subject matter in controversy between parties to a suit |
| Article III of the Constitution | Establishes the federal judiciary |
| Article VI of the Constitution | Establishes the Constitution as the supreme law of the land |
| Congress | Has the power to declare the punishment for treason |
| Supreme Court | Has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution |
| Judicial branch | Established in 1787 with the drafting of the Constitution |
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What You'll Learn
Article III establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary. Article III, Section I, also known as the Judicial Vesting Clause, confers federal judicial power on one supreme court and such inferior courts as Congress may establish from time to time. This section ensures the existence of a federal Supreme Court but leaves the decision of establishing lower federal courts to Congress.
Article III grants Congress significant authority to establish and structure federal courts while also imposing key limitations to ensure the independence of the judiciary. For instance, Article III, Section 1 provides that federal judges shall hold their offices during "good behaviour", which has been interpreted to grant federal judges life tenure unless they voluntarily resign or are impeached and removed.
Article III also sets the outer bounds of federal court jurisdiction. While Congress cannot grant jurisdiction beyond what Article III authorizes, it is not required to grant federal courts the full authority it might choose to confer. The Supreme Court has construed Article III to impose certain justiciability requirements that may limit federal courts' ability to hear cases that would otherwise fall within their jurisdiction.
The judicial power of the United States, as articulated in Article III, extends to a wide range of cases, including those arising under the Constitution, the laws of the United States, and treaties made under their authority. It covers cases involving ambassadors, public ministers, and consuls, as well as those involving admiralty and maritime jurisdiction. The Supreme Court has both original and appellate jurisdiction in specific cases, with the Certiorari Act of 1925 granting it the discretion to decide whether to hear a case on appeal.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court, it serves as the court of last resort and ensures that each branch of government recognizes its power limits. It safeguards civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to protect the fundamental values of Americans.
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The Supreme Court's role in the constitutional system
The Supreme Court is the highest court in the United States, and its role in the constitutional system is significant. Firstly, it is the court of last resort, providing justice to those who have exhausted all other legal avenues. This role is established by Article III, Section I of the Constitution, which vests the Supreme Court with the judicial power of the United States. This article also permits Congress to establish inferior courts to the Supreme Court, and to decide on the organisation of the Supreme Court.
The Supreme Court's power of judicial review is another crucial aspect of its role. This power enables the Court to ensure that the legislative and executive branches of government do not exceed their constitutionally defined powers. In other words, the Court can declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly stated in the Constitution but was established in subsequent cases, including those after the passage of the Fourteenth Amendment, which applied the Bill of Rights to state governments.
The Supreme Court also plays a vital role in protecting civil rights and liberties. It does so by striking down laws that are found to be in violation of the Constitution. This function ensures that fundamental values, such as freedom of speech, freedom of religion, and due process of law, are upheld and not undermined by changing majority views.
Additionally, the Supreme Court has original jurisdiction in specific cases, such as those involving suits between states or cases involving ambassadors and other public ministers. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law, including treaties and admiralty cases. The Certiorari Act of 1925 grants the Court discretion in deciding whether to hear these cases.
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Judicial power and jurisdiction
Article III of the US Constitution establishes the federal judiciary, outlining the judicial power and jurisdiction of the United States. This article 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 distinction between judicial power and jurisdiction is important. Judicial power refers to the authority of a court to render dispositive judgments and carry them out, resolving actual controversies between litigants. Jurisdiction, on the other hand, is the authority of a court to exercise judicial power in a specific case. It is the power to hear and determine the subject matter in a case, make binding decisions, and enforce them. While the terms are often used interchangeably, they are distinct concepts. Jurisdiction is a prerequisite to the exercise of judicial power.
The Supreme Court, as established by Article III, is the highest court in the land. It has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and in cases in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction, allowing it to hear cases on appeal involving constitutional or federal law, including treaties and admiralty cases. The Court's power of judicial review, not explicitly mentioned in the Constitution, allows it to declare acts of Congress or the Executive Branch unconstitutional, ensuring that each branch of government respects its limits.
The Constitution also grants Congress the power to establish inferior courts as needed. The Judiciary Act of 1789 was a significant milestone, creating the US Supreme Court with six justices, along with lower federal courts. Congress has since altered the number of seats on the Supreme Court, which is currently fixed at nine, including one Chief Justice and eight Associate Justices.
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Congress's power to declare punishment for treason
The Constitution of the United States establishes the federal judiciary and outlines the powers of the judicial branch of the US 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 provision grants Congress the authority to organise the Supreme Court and establish lower federal courts.
Now, coming to the topic of Congress's power to declare punishment for treason, the Constitution explicitly grants Congress this authority in what is known as the "Treason Clause". Treason against the United States is defined in the Constitution as "levying War against them, or in adhering to their Enemies, giving them Aid and Comfort." This definition sets the American understanding of treason apart from its British counterpart, narrowing the scope of treasonous acts.
Congress has the power to establish the penalties for committing treason, but this power is limited by certain restrictions. The Constitution specifies that "no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person" convicted of treason. This means that while the convicted traitor may face punishment, their family members cannot be punished for their treason. This provision eliminates the concept of "Corruption of Blood" from English common law, which prohibited family members of a convicted traitor from inheriting or receiving their property.
The gravity of treason as an offence is underscored by the specific definition and parameters outlined in the Constitution. The requirement of testimony from two witnesses to the same overt act or a confession in open court further emphasises the seriousness of the crime. The power to declare punishment for treason rests with Congress, and any punishment must adhere to the limitations set forth in the Constitution.
In summary, the Constitution grants Congress the authority to declare punishment for treason, but it also imposes important restrictions to ensure that the punishment is proportional and does not extend beyond the life of the convicted individual. This balance of powers and protections highlights the Constitution's focus on justice and proportionality in addressing acts of treason.
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The judiciary's role in safeguarding democracy
The judiciary plays a crucial role in safeguarding democracy. As the guardian of the constitution, it interprets and protects the constitution, ensuring that laws and executive actions align with constitutional provisions. The judiciary also serves as a check on the other two branches of government (the executive and the legislature), ensuring that they do not exceed their powers and maintaining the principle of separation of powers.
In a democracy, the constitution is the supreme power, and the judiciary serves as its guardian. Democracy allows people to participate in decision-making through elected representatives or direct involvement. The separation of powers divides governance into three branches: the legislature, which makes laws and represents public interests; the executive, which enforces laws and is led by a president or prime minister; and the judiciary, which interprets and applies the law.
The judiciary's power of judicial review is essential to its role in safeguarding democracy. Judicial review allows the judiciary to declare a legislative or executive act in violation of the constitution and to strike down laws that are unconstitutional. This power is not explicitly stated in the constitution but has been established through court decisions. The judiciary also has original jurisdiction to issue writs of mandamus, compelling government officials to act in accordance with the law.
In conclusion, the judiciary plays a vital role in safeguarding democracy by upholding the constitution, maintaining a balance of power between the branches of government, protecting civil rights and liberties, and ensuring access to justice for all. An independent and impartial judiciary is crucial for defending the rights of minorities and marginalized groups and maintaining the rule of law in a democracy.
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Frequently asked questions
The judicial power of the United States is vested in one supreme court and in inferior federal courts created by Congress.
The judicial power is articulated in Article III of the US Constitution, which establishes the federal judiciary.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to declare a legislative or executive act in violation of the Constitution.
