Eleanor Finch
The US Constitution divides government power into three branches: legislative, executive, and judicial. Article III, Section 1 of the Constitution establishes the Supreme Court and gives Congress the authority to create lower courts. The Supreme Court is the highest court in the US and has the power of judicial review, which allows it to declare acts of Congress or the Executive in violation of the Constitution. The Court's authority also extends to striking down state laws found to be unconstitutional. The Constitution outlines the jurisdiction of the Supreme Court, including original and appellate jurisdiction, as well as the nature of treason against the United States.
| Characteristics | Values |
|---|---|
| Article of the U.S. Constitution that discusses the courts | III |
| Section of Article III that establishes the jurisdiction of the Supreme Court | II |
| Power of the Supreme Court | Judicial review |
| Authorises Congress to pass laws establishing a system of lower courts | Yes |
| Number of appellate courts | 13 |
| Number of district or trial courts | 94 |
| Number of bankruptcy courts | 90 |
| Number of justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Treason against the United States | Levy war or aid and comfort to enemies |
| Punishment of Treason | Decided by Congress |
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The Supreme Court
> "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 establishes the Supreme Court as the highest court in the nation, with final authority on matters of constitutional law and federal statutes.
The role of the Supreme Court is further elaborated upon in Article III, Section 2, which outlines the Court's original and appellate jurisdictions. The Court has original jurisdiction over cases affecting ambassadors, public ministers, and consuls, as well as those in which a state is a party. All other cases fall under the Court's appellate jurisdiction, where it can review decisions made by lower courts.
The Constitution also grants Congress the power to make exceptions to the Supreme Court's appellate jurisdiction and to regulate the Court's structure and authority. The Judiciary Act of 1789, passed by Congress, established the number of justices on the Supreme Court as six, which was later changed to nine in 1869.
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Inferior courts
The US Constitution's third article, which establishes the judiciary, gives Congress the power to create "inferior courts" to the Supreme Court. This means that Congress can establish lower federal courts that are subordinate to the Supreme Court.
The text of 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 gives Congress the flexibility to reorient the judicial system as needed, allowing for the expansion and contraction of the federal court system.
The inclusion of inferior courts in the Constitution was a point of contention during the Constitutional Convention. John Rutledge, for example, argued that existing state courts should decide all cases, with a right of appeal to the supreme national tribunal. On the other hand, James Madison countered that without inferior federal tribunals, the Supreme Court's appellate workload would become unmanageable.
The compromise, proposed by James Wilson and James Madison, was to give Congress the power to appoint inferior tribunals if necessary. This proposal was approved by the Convention.
The Judiciary Act of 1789, enacted by Congress, established the lower federal court system. This Act created a Supreme Court with six justices and organized the federal judiciary into district courts with original jurisdiction over most federal cases, intermediate circuit courts of appeal, and the Supreme Court.
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Jurisdiction
The United States Constitution outlines the jurisdiction of federal courts, which can be broadly understood as the scope of their legal authority. Article III, Section 2 of the Constitution, also known as the "Judicial Power Clause," defines the jurisdiction of the federal judiciary. This clause grants the federal courts the power to hear a range of cases, including those that involve laws and treaties of the United States, disputes between states or between a state and citizens of another state, and cases involving foreign nations and citizens.
The Constitution sets out three types of jurisdiction for the federal courts: original jurisdiction, appellate jurisdiction, and exclusive jurisdiction. Original jurisdiction refers to the power of a court to hear a case for the first time and make a determination on the matter. The Constitution grants original jurisdiction to the Supreme Court in cases involving ambassadors, public ministers, and consuls, as well as those in which a state is a party. In all other cases within their jurisdiction, the federal courts have original jurisdiction alongside the right of a trial by jury.
Appellate jurisdiction, on the other hand, is the power of a higher court to review and revise the decisions of lower courts. The Supreme Court has appellate jurisdiction in a wide range of cases, including those where a state court has ruled on the validity of a federal law or treaty, or where a lower federal court has issued a ruling that needs to be reviewed. The Congress also has the power to make exceptions to the Supreme Court's appellate jurisdiction and to regulate the manner in which such appeals are made.
Exclusive jurisdiction refers to situations where the federal courts have sole authority to hear and decide on certain types of cases. This means that these cases cannot be heard in state courts. The Constitution grants exclusive jurisdiction to the federal courts in cases such as those involving ambassadors, public ministers, and consuls, as well as those that arise under the laws and treaties of the United States. Additionally, the 11th Amendment to the Constitution grants exclusive jurisdiction to federal courts in certain situations where a You may want to see also
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Article III, Section I of the Constitution establishes the federal judiciary and 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 gives Congress the power to decide how to organize the Supreme Court and the lower federal court system. The concept of judicial review was already established at the time of the Founding. The Privy Council had employed a limited form of judicial review to review colonial legislation and its validity under the colonial charters. Several instances were also known of state courts invalidating state legislation as inconsistent with state constitutions. While the Constitution does not expressly grant federal courts the power to declare government actions unconstitutional, this power of judicial review has been used by the Supreme Court to ensure that each branch of government recognizes the limits of its own power. It also protects civil rights and liberties by striking down laws that violate the Constitution and sets appropriate limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities. Critics of judicial review, such as Richard Dobbs Spaight and Thomas Jefferson, have argued that it gives the courts the ability to impose their own views of the law without adequate checks from other branches of government. They view it as a dangerous doctrine that places too much power in the hands of judges, who are not accountable to the elective control. You may want to see also The US Constitution establishes three separate but equal branches of government: the legislative branch, the executive branch, and the judicial branch. This separation of powers is intended to prevent any one branch from becoming too powerful and to create a system of checks and balances. The Legislative Branch, also known as Congress, is made up of the House of Representatives and the Senate, and is responsible for making laws. The Executive Branch, led by the President, is responsible for enforcing the laws and commanding the armed forces. The Judicial Branch, which includes the Supreme Court and inferior courts established by Congress, is responsible for interpreting the laws and applying them to specific cases. The separation of powers between these three branches is not always clear-cut, and there may be overlap in their functions. For example, while the President has the power to appoint government officials, Congress must approve or disapprove of those appointments. Similarly, while the President does not have the authority to make laws on their own, they can veto legislation passed by Congress, which can be overridden by a two-thirds majority in both houses of Congress. The Supreme Court plays a crucial role in interpreting the separation of powers under the Constitution. In cases such as Marbury v. Madison (1803), the Court has determined that the judicial branch has the power to strike down federal laws that conflict with the Constitution. In other cases, such as Immigration and Naturalization Service v. Chadha (1983), the Court has upheld the separation of powers by ruling on the specific procedures that must be followed in the law-making process. You may want to see also Article III of the US Constitution. 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." The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The power of judicial review means that the Supreme Court can strike down state laws found to be in violation of the Constitution. It also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated. Treason against the United States is defined as "levying war" against them or aiding their enemies. No person shall be convicted of treason without the testimony of two witnesses to the same overt act or a confession in open court.Understanding Land Purchase Options and Exercising Rights
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