The Judiciary: Power Source In The Constitution

The Constitution establishes the federal judiciary and outlines the powers of the judicial branch of government. Article III of the Constitution establishes the Supreme Court and such inferior Courts as the Congress may from time to time ordain and establish. This article also grants the Supreme Court original jurisdiction in cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party. The judicial power of the United States is vested in the Supreme Court and inferior federal courts created by Congress, and it extends to all cases in law and equity arising under the Constitution, laws of the United States, and treaties made under their authority. The Supreme Court's power of judicial review ensures that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.

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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 a Supreme Court and such inferior courts as Congress may establish from time to time. This section of the Constitution ensures the existence of a federal Supreme Court but leaves the decision of establishing lower federal courts to Congress.

The Constitution's Framers generally accepted that state courts would play a significant role in interpreting and applying federal law. However, they debated whether to leave this role entirely to state courts, subject to review by the federal Supreme Court, or whether lower federal courts were more likely to apply federal law correctly, uniformly, and without bias.

Article III creates a judicial department composed of "inferior courts" and "one Supreme Court." This means that the decision of an inferior court is not final and can be appealed to the higher court. The judicial power of the United States is vested in the Supreme Court and the inferior federal courts created by Congress.

The Supreme Court has interpreted Article III as setting the outer bounds of federal court jurisdiction. Congress cannot grant jurisdiction beyond what Article III authorizes, but it is not required to grant federal courts the full authority it might choose to confer. The Supreme Court also has the power to strike down state laws found to be in violation of the Constitution.

Judicial power is the authority to render dispositive judgments, and Congress violates the separation of powers when it attempts to alter final judgments of Article III courts. The Supreme Court plays a crucial role in the constitutional system of government. It is the highest court in the land and serves as the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes its limits.

The judicial power of the US is vested in the Supreme Court and inferior courts

The US Constitution establishes the federal judiciary through Article III, 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." This provision ensures that the Supreme Court is the highest judicial authority in the country, with the power to review and interpret the Constitution, laws, and treaties.

The Constitution grants the Supreme Court original jurisdiction in specific cases, such as those involving ambassadors, public ministers, and cases where the US is a party. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional or federal law, including treaties and maritime issues. The Court's power of judicial review is significant, as it can declare acts of Congress or the Executive Branch unconstitutional if they violate the Constitution.

While the Constitution establishes the Supreme Court, it authorizes Congress to determine its organization and the structure of the lower federal courts. Congress first exercised this power through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.

The judicial power of the US, vested in the Supreme Court and inferior courts, includes the authority to decide and pronounce judgments, interpret laws and the Constitution, and resolve disputes. This power extends to cases in law and equity, controversies between states or involving the US as a party, and cases affecting ambassadors, among others.

Additionally, the Supreme Court plays a crucial role in safeguarding civil rights and liberties by striking down laws that violate the Constitution. It ensures that the majority cannot pass laws that harm or take advantage of minorities, protecting fundamental values such as freedom of speech, freedom of religion, and due process of law.

The Supreme Court has original and appellate jurisdiction

Article III, Section 1 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 provision grants the Supreme Court its original jurisdiction, which flows directly from the Constitution.

The Supreme Court's original jurisdiction is the power to hear cases in the first instance, without the case having been heard by a lower court. This is in contrast to appellate jurisdiction, where the Court hears cases on appeal from lower courts. The Supreme Court has exclusive appellate jurisdiction over a range of cases, including those involving constitutional or federal law, treaties, and admiralty cases.

The Certiorari Act of 1925 gives the Supreme Court discretion over whether to hear cases on appeal. The Court typically accepts only 100-150 of the over 7,000 cases it is asked to review each year, usually those of national significance or with precedential value. The Court's rules require four of the nine Justices to vote to accept a case, and five to grant a stay.

The Supreme Court's original jurisdiction includes the power to issue writs of mandamus, compelling government officials to act in accordance with the law. This power was established by the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.

The Supreme Court's role in the constitutional system of government is significant. As the highest court in the land, it is the final arbiter of justice and plays a crucial role in ensuring each branch of government recognizes its limits. The Court protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government, safeguarding the fundamental values of Americans, such as freedom of speech and religion.

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Judicial power is the power to decide and pronounce a judgment

Article III of the US Constitution establishes the federal judiciary and outlines the powers of the judicial branch of government. 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 judicial power is the authority to "decide and pronounce a judgment and carry it into effect between persons and parties who bring a case before it for decision." It is the right of the court to determine actual controversies arising between diverse litigants, duly instituted in courts of proper jurisdiction. The terms "judicial power" and "jurisdiction" are often used interchangeably, with "jurisdiction" referring to the power to hear and determine the subject matter in a case. However, it is important to distinguish between the two concepts. Jurisdiction is a prerequisite to the exercise of judicial power, which encompasses the full range of powers a court exercises when it assumes jurisdiction, hears a case, and delivers a judgment.

The US Constitution grants the Supreme Court original jurisdiction in specific cases, such as those involving the interpretation of the Constitution, laws of the United States, treaties, admiralty, and controversies involving US ambassadors, ministers, and consuls. The Supreme Court also has original jurisdiction in cases where the United States is a party, as well as disputes between states, citizens of different states, or citizens of the same state claiming lands under different grants.

The lower federal courts, also known as "inferior courts," are established by Congress using the power granted to them by the Constitution. These courts have a crucial role in the judicial system, as they are the first to hear many cases. The decisions of these lower courts are not considered final until the time for appeal has expired. The Supreme Court, as the highest court in the land, serves as the final arbiter and court of last resort for those seeking justice.

In summary, judicial power refers to the authority of a court to decide and pronounce judgments, and it is vested in the Supreme Court and inferior courts established by Congress under Article III of the US Constitution. The proper exercise of this power ensures the fair administration of justice and the resolution of controversies brought before the courts.

Congress can alter the number of seats in the Supreme Court

Article III of the US Constitution establishes the federal judiciary, with Section 1 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 power to decide how to organize the Supreme Court and the authority to create inferior federal courts.

Throughout history, Congress has altered the number of seats on the Supreme Court through various Acts. The Judiciary Act of 1789 established a Supreme Court with six justices. In 1801, President John Adams and a Federalist Congress passed the Judiciary Act of 1801, reducing the Court to five justices. This act was later repealed by President Thomas Jefferson, restoring the Court to six justices. In 1807, Jefferson and Congress added a seventh justice with the creation of a seventh federal court circuit.

In 1837, President Andrew Jackson added two additional justices after Congress expanded the number of federal circuit court districts. During the Civil War, Congress created the 10th Circuit, temporarily increasing the Court to ten justices. Following the war, the Judiciary Act of 1866 reduced the number of justices to seven, but this was short-lived as another Judiciary Act in 1869 returned the Court to nine justices, which has been the standard since.

Despite this stability, there have been recent discussions and attempts to change the number of seats. In 1937, President Franklin D. Roosevelt threatened to add new justices sympathetic to his policies, but this effort was unpopular and failed. More recently, in 2023, Senators and Representatives from the Democratic Party reintroduced the Judiciary Act, proposing to expand the Court by adding four seats to create a 13-justice bench. This legislation aims to address concerns about the Court's integrity, independence, and balance, as well as issues related to voting rights, gerrymandering, and abortion rights.

While some view these efforts as a way to restore legitimacy to the Supreme Court, others see it as a threat to the stability of the institution. Senator Rubio, for example, proposed a constitutional amendment to keep the number of seats at nine, arguing that preventing further changes is essential for preserving the Court's legitimacy.

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