Isabella Carter
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It was created by Article III of the US Constitution, which established the federal judiciary. Article III, Section I states:
> 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 Constitution permits Congress to decide how to organise the Supreme Court, and Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system.
| Characteristics | Values |
|---|---|
| Article of the Constitution | III |
| Section of the Article | I |
| Judicial power | Vested in one supreme court and such inferior courts as Congress may establish |
| Judges | Shall hold offices during good behaviour and receive compensation for their services |
| Jurisdiction | Original and appellate |
| Cases | All cases in law and equity arising under the Constitution, laws of the United States, and treaties |
| Cases affecting ambassadors, other public ministers and consuls | |
| Cases of admiralty and maritime jurisdiction | |
| Controversies to which the United States shall be a party | |
| Controversies between two or more states, between a state and citizens of another state, between citizens of different states, and between citizens of the same state claiming lands under grants of different states | |
| Cases involving state, or the citizens thereof, and foreign states, citizens or subjects | |
| Trial of crimes | By jury, in the state where the crimes were committed |
| Treason against the United States | Shall consist of levying war against them or adhering to their enemies, giving them aid and comfort |
| Conviction of treason | Only on the testimony of two witnesses to the same overt act or on confession in open court |
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What You'll Learn
Article III, Section I of the Constitution establishes the federal judiciary
Article III, Section I of the US Constitution establishes the federal judiciary. 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." This section authorises a single Supreme Court but does not specify the number of justices that should be appointed to it. Instead, it is up to Congress to decide how to organise the Supreme Court and the wider federal judiciary.
The Constitution does, however, outline certain requirements for the judiciary. For example, Article III, Section I requires judges to hold office during "good Behaviour" and to receive compensation that cannot be diminished during their continuance in office. Additionally, it grants the judiciary the power to hear cases in law and equity arising under the Constitution, laws of the United States, and relevant treaties.
The 1st United States Congress provided further details on the organisation of the federal judiciary through the Judiciary Act of 1789. This Act established the Supreme Court, with six justices, as the country's highest judicial tribunal, based in the nation's capital. It also created a lower federal court system and divided the country into judicial districts.
The Supreme Court's power of judicial review, or the ability to declare a legislative or executive act in violation of the Constitution, is not explicitly mentioned in Article III, Section I. Instead, the Court established this power in the landmark case of Marbury v. Madison in 1803. Through this case, the Court asserted its authority to strike down acts of Congress that contradict the Constitution, as the supreme law of the land.
Article III, Section I also does not specify the exact powers or prerogatives of the Supreme Court. These details are outlined in other sections of Article III, such as Section II, which establishes the Court's jurisdiction, and Section III, which defines treason and empowers Congress to punish treason.
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Article III, Section II establishes the Supreme Court's jurisdiction
Article III, Section I of the US 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." This section gives Congress the authority to decide on the organization of the Supreme Court and the power to create lower courts.
The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the text of the Constitution. However, the Court established this power in the landmark case of Marbury v. Madison in 1803. This case affirmed the Court's authority to strike down any act of Congress or state law that contradicts the Constitution.
The Supreme Court, as the highest court in the land, serves as the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of the government recognizes its own limits and upholds the Constitution as the supreme law of the land. The Court's interpretation and application of constitutional principles have a significant impact on the country's legal system and the protection of constitutional rights.
While Article III of the Constitution provides a general framework for the judiciary, the specific organization and procedures of the Supreme Court were established by the 1st Congress through the Judiciary Act of 1789. This Act created a Supreme Court with six justices and outlined the structure of the lower federal court system. Over time, the number of seats on the Supreme Court has varied, but it was fixed at nine after the Civil War, consisting of one Chief Justice and eight Associate Justices.
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The Judiciary Act of 1789
Article III, Section 1 of the US 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 article, however, does not specify the exact powers or organisation of the Supreme Court, leaving these details to be determined by Congress.
The Act set the number of Supreme Court justices at six: one Chief Justice and five Associate Justices. It gave the Supreme Court original jurisdiction over all civil actions between states or between a state and the United States, as well as over suits and proceedings against ambassadors. It also established the lower federal court system, dividing the country into judicial districts and organising them into circuits. The Act further specified the qualifications and authority of federal judges, district attorneys, court clerks, US Marshals, and Deputy Marshals.
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The Supreme Court's power of judicial review
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. The Supreme Court's power of judicial review is its ability to interpret the U.S. Constitution and invalidate laws, actions, or state constitutional provisions that it deems unconstitutional. This power emerged from the historical context of common law, which emphasises uniformity in legal interpretations across jurisdictions.
Article III, Section I of the U.S. 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." While the Constitution establishes the Supreme Court, it does not specify its exact powers or prerogatives and instead permits Congress to decide how to organise it. The 1st United States Congress provided the detailed organisation of the federal judiciary through the Judiciary Act of 1789, which created a Supreme Court with six justices.
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The Supreme Court's role in the constitutional system of government
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It plays a crucial role in the constitutional system of government. The Court's role is established in Article III of the Constitution, which outlines the federal judiciary. Article III, Section I states:
> "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 establishes the Supreme Court and gives Congress the power to decide its organisation and the structure of the federal judiciary. The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and establishing the lower federal court system.
The Supreme Court's most well-known power is judicial review, the ability to declare acts of Congress or the Executive as unconstitutional. This power was established in the case of Marbury v. Madison (1803) and is not explicitly stated in the Constitution. The Court's power of judicial review ensures that each branch of government recognises its own limits and protects civil rights and liberties.
The Court has original jurisdiction over a narrow range of cases, such as those involving ambassadors, and appellate jurisdiction over almost all other cases involving points of constitutional or federal law. The Court's decisions have a significant impact on society, with the power to shape public policy and interpret the Constitution.
The Supreme Court is often considered the court of last resort, with its decisions binding on all other courts in the nation. The Court's role in the constitutional system of government is to ensure the interpretation and protection of the Constitution, acting as a check on the other branches of government.
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Frequently asked questions
The Supreme Court is created in Article III of the U.S. Constitution.
Article III, Section I of the Constitution establishes the federal judiciary and states:
> "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."
Article III, Section II establishes the jurisdiction (legal ability to hear a case) of the Supreme Court.
The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system.
