Omar Bennett
The Supreme Court of the United States is the highest court in the federal judiciary of the country. The Court's location within the Capitol has been argued to be the source of its relevance. The Supreme Court Building, designed by architect Cass Gilbert, is located at 1 First Street in Northeast Washington, D.C. The Court's power and prestige grew substantially during the Marshall Court (1801–1835), and it has since served as the final court of appeal and final expositor of the Constitution. The Constitution outlines the powers, structure, and functions of the Supreme Court, including its jurisdiction, or legal ability to hear a case.
| Characteristics | Values |
|---|---|
| Location | 1 First Street, NE, Washington, D.C. |
| Across the street from the United States Capitol | |
| On the site of the former Old Capitol Prison | |
| Within the Capitol | |
| Composition and procedures | Established by the 1st Congress through the Judiciary Act of 1789 |
| Number of justices | 9 |
| There is one Chief Justice and eight Associate Justices | |
| Jurisdiction | Original jurisdiction over cases involving ambassadors, other public ministers, and consuls, and those in which a state is a party |
| Appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law | |
| Power | Judicial review |
| Declaring acts of Congress or state legislatures unconstitutional | |
| Invalidating a statute for violating a provision of the Constitution | |
| Striking down presidential directives for violating either the Constitution or statutory law | |
| Appointments | Made by the president with the advice and consent of the Senate |
| A simple majority of the full Senate is required for confirmation | |
| Members are appointed for life terms |
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What You'll Learn
The Supreme Court's location in the Constitution
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases and state court cases that involve questions of U.S. constitutional or federal law.
The Constitution establishes the Supreme Court in Article III, Section I, 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 article outlines the federal judiciary, but it does not specify the exact powers or prerogatives of the Supreme Court or how it should be organized. Instead, it leaves much of that responsibility to Congress, allowing them to decide on the Court's composition and procedures.
The 1st United States Congress provided the detailed organization of the federal judiciary through the Judiciary Act of 1789. This Act established the Supreme Court, initially composed of six justices, as the country's highest judicial tribunal, to be based in the nation's capital. It also created a lower federal court system and divided the country into judicial districts, which were further organized into circuits.
The Supreme Court's power and prestige grew significantly during the Marshall Court era (1801-1835). In the landmark case of Marbury v. Madison (1803), the Court asserted its power of judicial review, establishing itself as the supreme expositor of the Constitution. This power allows the Court to declare acts of Congress or state legislatures unconstitutional and to specify which rights are protected by the Constitution.
The size of the Supreme Court has varied over time, starting with six justices and reaching its current size of nine justices in 1869 after the Civil War. The Court is composed of one Chief Justice and eight Associate Justices, appointed by the President with the advice and consent of the Senate. These justices serve for life and can only be expelled through impeachment by the House of Representatives and conviction in the Senate.
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Judicial power and the Supreme Court
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 provision vests the Supreme Court with the judicial power of the United States, which includes the authority to render dispositive judgments and carry them into effect between persons and parties who bring cases before the Court.
While the Constitution establishes the Supreme Court, it does not delineate the exact powers or prerogatives of the Court. Instead, it permits Congress to decide how to organize the judiciary. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, Acts of Congress have altered the number of seats on the Supreme Court, with the size of the Court last changed in 1869 and fixed at nine justices, including one Chief Justice and eight Associate Justices.
The Supreme Court holds the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but was established by the Court in the landmark case of Marbury v. Madison in 1803. Through judicial review, the Supreme Court ensures that each branch of government recognizes its own limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The Court has original jurisdiction over a narrow range of cases, such as suits involving ambassadors, public ministers, and consuls, as well as cases in which a state is a party. It also has appellate jurisdiction over almost all other cases involving constitutional or federal law, including those where the United States is a party or that involve treaties or admiralty issues. The Certiorari Act of 1925 grants the Court discretion in deciding whether to hear these cases on appeal.
In addition to its power of judicial review, the Supreme Court possesses ancillary powers, including the ability to punish for contempt of its authority, issue writs in aid of jurisdiction, make rules governing its processes, and appoint investigators and attorneys. The Court's decisions have a significant impact on society, shaping the balance of power between the federal government and the states and safeguarding fundamental values such as freedom of speech, freedom of religion, and due process of law.
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Appointments to the Supreme Court
The composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. The Court's power and prestige grew substantially during the Marshall Court (1801–1835). Under Marshall, the court established the power of judicial review over acts of Congress, including specifying itself as the supreme expositor of the Constitution.
Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court. Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term of office. These restrictions are meant to protect the independence of the judiciary from the political branches of government.
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not found within the text of the Constitution itself, but the Court established this doctrine in the case of Marbury v. Madison.
In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in certain matters. Since Article VI of the Constitution establishes the Constitution as the supreme law of the land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.
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Supreme Court's role in judicial review
Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the US "vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish". This article also permits Congress to decide how to organise the Supreme Court, which it first did in the Judiciary Act of 1789, creating a Supreme Court with six justices.
The Supreme Court's power of judicial review is its best-known ability. Judicial review refers to the Supreme Court's authority to interpret the US Constitution and invalidate laws or actions that it deems unconstitutional. This power emerged from the historical context of common law, which emphasises uniformity in legal interpretations across jurisdictions.
The Supreme Court established this doctrine in the landmark case of Marbury v. Madison in 1803, where it had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Court held that an Act of Congress that is contrary to the Constitution could not stand. This case also established the Court's power to review acts of Congress to determine their constitutionality.
The Supreme Court's role in judicial review has significant implications for the rule of law and governance, influencing not only American law but also inspiring similar judicial frameworks in other democracies worldwide. As the highest court in the land, it serves as the court of last resort for those seeking justice. Through its power of judicial review, the Court ensures that each branch of the government recognises the limits of its power, protecting civil rights and liberties by striking down unconstitutional laws. The Court also sets limits on democratic governments, ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities.
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Supreme Court building and design
The Supreme Court building in the US is located at 1 First Street, NE, on the site of the former Old Capitol Prison, across the street from the United States Capitol. The building was designed by architect Cass Gilbert, a long-time friend of William Howard Taft, who was Chief Justice at the time.
Gilbert's design draws upon the classical Roman temple form, with a U-shaped wing on either side. Each wing has a "light court" in the centre, allowing natural light to enter more office spaces. The building rises four stories (92 ft or 28 m) above ground and is in the Neoclassical style. The main entrance of the building is on the west, facing the US Capitol building, and features 16 marble Corinthian columns supporting the pediment, with the engraved words "Equal Justice Under Law". The marble used for the public façade was sourced from Vermont, while the non-public-facing courtyards used marble from Georgia. The bronze entrance doors were cast by John Donnelly, Jr.
The east entrance, or east façade, has fewer columns than the west and was designed with a single row of columns and pilasters. The sculptures in the eastern pediment were carved by Herman A. McNeil and feature three great lawmakers from different civilizations: Moses, Confucius, and Solon. The western pediment features sculptures of Liberty, Order, and Authority, guarded by figures representing Order and Authority. These sculptures were carved in the likeness of real people, including Chief Justice William Howard Taft and Chief Justice Charles Evans Hughes.
The Supreme Court Building was completed in 1935, 146 years after the Court was established by the 1789 ratification of the US Constitution. The building cost slightly under the $9,740,000 budget authorized by Congress, which would be approximately $169 million in 2023 dollars.
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Frequently asked questions
The Supreme Court is established by Article III, Section I of the Constitution, which vests federal judicial power 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 federal judiciary of the United States and has ultimate appellate jurisdiction over all U.S. federal court cases. It also has original jurisdiction over a narrow range of cases, such as those involving ambassadors, other public ministers, and consuls. The Supreme Court also has the power of judicial review, or the ability to declare acts of Congress or state legislatures unconstitutional.
According to the Constitution, appointments to the Supreme Court are made by the president with the advice and consent of the Senate. A simple majority of the full Senate is required for confirmation. Members of the Supreme Court are appointed for life terms, though they may be expelled if they are impeached by the House of Representatives and convicted in the Senate.
