Eleanor Finch
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch is established in Article III of the Constitution, which provides for a Supreme Court and allows Congress to create inferior courts as necessary. The judicial branch plays a crucial role in ensuring a balanced government and a fair system of justice. The Supreme Court, as the highest court in the land, serves as the court of last resort and protects civil rights and liberties by striking down laws that violate the Constitution.
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What You'll Learn
Article III establishes the judicial branch
Article III of the US Constitution establishes the federal government's judicial branch. This article reflects the intentions of the Framers of the Constitution, who sought to create a balanced government that would avoid tyranny and ensure a fair system of justice.
Article III provides for a Supreme Court, which is the highest court in the land and acts as the court of last resort for those seeking justice. It also allows Congress to create inferior courts as needed, such as the lower federal court system established by the Judiciary Act of 1789.
The judicial power of the United States is vested in the Supreme Court and these inferior courts. The judges of both the Supreme and inferior courts 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. This independence is meant to protect the judiciary from political interference.
The Supreme Court plays a crucial role in the constitutional system of government. Firstly, it ensures that each branch of government recognizes the limits of its power through its power of judicial review. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, although it is not explicitly mentioned in the Constitution itself. Secondly, it protects civil rights and liberties by striking down unconstitutional laws. Finally, it sets limits on democratic government by ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
The relationship between the judicial and executive branches is defined by checks and balances, a system outlined in the Constitution. This ensures that no single branch of government accumulates excessive power and safeguards the principles of democracy and the rule of law. The executive branch is responsible for enforcing the judgments and decisions of the federal courts and plays a crucial role in defending federal laws and policies in court.
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The Supreme Court
The Court consists of nine justices: one Chief Justice and eight Associate Justices. These justices are appointed by the President with the advice and consent of the Senate, serving for life. The Court's decisions have far-reaching implications, impacting not just the legal community but also society at large, as they safeguard civil rights, liberties, and the fundamental values enshrined in the Constitution.
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Congress and inferior courts
The US Constitution grants Congress the power to establish inferior federal courts, or lower federal courts, subordinate to the Supreme Court. This is known as Congress's ninth enumerated power.
Article III, Section 1 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 provision is known as the Vesting Clause. It gives Congress the discretion to decide whether to establish lower federal courts and to determine the structure of the federal judiciary.
Congress first exercised this power in the Judiciary Act of 1789, which created thirteen judicial districts, each with one district judge. This Act also established the lower federal court system and the Supreme Court, which originally had six justices. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, and the number was fixed at nine shortly after the Civil War.
Congress has the authority to structure the lower courts, make procedural rules, and regulate their jurisdiction. Congress has reorganised the federal judiciary several times, including in 1801, when it was reorganised into six judicial circuits. In 1913, Congress exercised its power to abolish a federal court, the Commerce Court, transferring its jurisdiction to the district courts.
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Judicial review
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch is established by Article III of the Constitution, which also provides for a Supreme Court. The judicial branch's structure and function establish a framework for its interaction with the other two branches, with a system of checks and balances ensuring that no single branch accumulates excessive power.
Article III, Section 1 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 article reflects the Framers' intention to create a balanced government, avoiding tyranny, and ensuring a fair system of justice.
The Supreme Court is the highest court in the land and is the court of last resort for those seeking justice. It has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly given to the courts in the text of the Constitution but is an implied power. The Supreme Court established its authority to exercise judicial review in the landmark case of Marbury v. Madison in 1803.
Through judicial review, the Supreme Court ensures that each branch of government recognizes the limits of its own power. It protects civil rights and liberties by striking down laws that violate the Constitution. The Court's decisions have a significant impact on society, setting limits on democratic government and ensuring that the changing views of the majority do not undermine fundamental values such as freedom of speech, freedom of religion, and due process of law.
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it and create inferior courts as needed. The Judiciary Act of 1789 was a significant milestone, establishing the structure and jurisdiction of the federal judiciary, including the creation of the Supreme Court with six justices, thirteen district courts, and three circuit courts.
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Checks and balances
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch is established by Article III of the Constitution, which also provides for a Supreme Court.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It plays an important role in ensuring that each branch of government recognises the limits of its power through its power of judicial review. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution and to strike down state laws found to be unconstitutional.
The judicial branch's interaction with the other branches is governed by a system of checks and balances, which ensures that no single branch accumulates excessive power. This system allows each branch to respond to the actions of the others. For example, the President can veto legislation created by Congress, but Congress can also remove the President from office in exceptional circumstances.
The judicial branch includes the Supreme Court and other federal courts, such as the inferior courts established by Congress. The judges of these courts are appointed by the President with the advice and consent of the Senate, ensuring a balance of power between the branches. The executive branch is responsible for enforcing the judgments and decisions of the federal courts, including executing court orders and rulings in compliance with the law.
The Supreme Court's decisions have a significant impact on society, as it protects civil rights and liberties and sets limits on democratic government. The Court's power of judicial review provides a check on the legislative and executive branches, ensuring that they do not exceed their constitutional authority.
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Frequently asked questions
The judicial branch of the US government is listed in Article III of the Constitution.
Article III establishes the judicial branch of the federal government and provides for a Supreme Court. It also allows Congress to create inferior courts as needed.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It has the power of judicial review, which allows it to strike down laws that violate the Constitution. This power is not explicitly mentioned in the Constitution but was established in the landmark case of Marbury v. Madison in 1803.
