Malcolm Rivera
The authority of the Supreme Court is established by Article III of the US Constitution, which recognises it as one of the three main organs of the federal government. 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's jurisdiction, or legal ability to hear a case, is also established by Article III, Section II of the Constitution. The Court's power to declare acts of Congress or the Executive unconstitutional, however, is not found within the text of the Constitution itself, but was established by the Court in the case of Marbury v. Madison (1803).
| Characteristics | Values |
|---|---|
| Article of the Constitution | III |
| Section of the Constitution | I, II |
| Power | Judicial |
| Jurisdiction | Original, Appellate |
| Number of Justices | 9 |
| Number of Chief Justices | 1 |
| Number of Associate Justices | 8 |
| Term Commencement | First Monday of October |
| Term Duration | Until June or early July of the following year |
| Number of Petitions for Writs of Certiorari | 7,000 |
| Number of Petitions Granted | 80-150 |
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What You'll Learn
- The Supreme Court's authority is established in Article III of the US Constitution
- The Court's power to declare laws unconstitutional is not mentioned in the Constitution
- The Court's original jurisdiction is outlined in Article III, Section II
- Congress decides how to organise the Court
- The Court enforces the separation of powers and constitutional checks and balances
The Supreme Court's authority is established in Article III of the US Constitution
> "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 establishes the federal judiciary and permits Congress to decide how to organise it. 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.
Article III, Section II establishes the jurisdiction (legal ability to hear a case) of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court) and appellate jurisdiction (the Court can hear the case on appeal). Original jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. The Court has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court plays an important role in the US constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognises the limits of its power and protects civil rights and liberties by striking down laws that violate the Constitution.
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The Court's power to declare laws unconstitutional is not mentioned in the Constitution
The United States Constitution establishes the federal judiciary and outlines the Supreme Court's authority. Article III, Section I 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 section recognises the Supreme Court as the highest judicial authority in the country, with the power to preside over certain cases.
While the Constitution establishes the Supreme Court and outlines its jurisdiction, it does not explicitly grant the Court the power to declare laws unconstitutional. This power, known as judicial review, is considered one of the most well-known and distinctive features of the Supreme Court and the US constitutional law. However, the text of the Constitution does not mention this power.
The Supreme Court established its authority to engage in judicial review in the landmark case of Marbury v. Madison in 1803. In this case, the Court had to decide between an Act of Congress and the Constitution as the supreme law of the land. The Court held that an Act of Congress contrary to the Constitution could not stand, as Article VI of the Constitution establishes the Constitution as supreme.
While the Constitution does not expressly grant the power of judicial review, it was a concept that was already established at the time of the Founding. The historical record suggests that the Founding Fathers and those who framed and ratified the Constitution were aware of judicial review, and some accepted or favoured granting courts this power. Alexander Hamilton, for example, wrote in Federalist No. 78 that judges must regard the Constitution as the fundamental law, and in the case of a conflict between the Constitution and a statute, the Constitution ought to be preferred.
Despite the lack of an explicit mention in the Constitution, the power of the Supreme Court to declare laws unconstitutional through judicial review is a well-established precedent in US law.
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The Court's original jurisdiction is outlined in Article III, Section II
The authority of the Supreme Court is found in Article III of the US Constitution, which establishes the federal judiciary. 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."
Article III, Section II outlines the Court's original jurisdiction, which is the power of the Court to be the first and only court to hear a case. The Constitution limits original jurisdiction cases to specific types, including:
- Disputes between two or more states
- Disputes arising among ambassadors, public ministers, and consuls
- Cases involving ships on the high seas and navigable waterways (admiralty cases)
The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case when exercising its appellate jurisdiction. The Court's original jurisdiction was also established in the Judiciary Act of 1789, which granted the Supreme Court the power to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
The Supreme Court's original jurisdiction is an important aspect of its authority, allowing it to preside over specific cases for the first time and have the final say on matters of national significance.
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Congress decides how to organise the Court
Article III, Section I 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."
Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it. 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 the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats was fixed at nine, which remains the case today, with one Chief Justice and eight Associate Justices.
Congress is authorised by Article III of the federal Constitution to regulate the Supreme Court's appellate jurisdiction. The Supreme Court's appellate jurisdiction means that it has the authority to review the decisions of lower courts. Most of the cases the Supreme Court hears are appeals from lower courts.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonise conflicting decisions in the federal Circuit courts, and/or could have precedential value.
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The Court enforces the separation of powers and constitutional checks and balances
The United States Constitution establishes three distinct but equal branches of government: the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law). The Constitution's framers structured the government in this way to prevent any one branch from becoming too powerful and to create a system of checks and balances.
The Supreme Court, as the head of the judicial branch, enforces the separation of powers and constitutional checks and balances through judicial review, or the ability to declare a legislative or executive act in violation of the Constitution. Notably, this power is not explicitly mentioned in the Constitution. However, the Court established this doctrine in the landmark case of Marbury v. Madison in 1803, where it asserted its authority to interpret the law and decide which laws take precedence.
The Supreme Court's power of judicial review acts as a check on the legislative and executive branches, ensuring that they do not exceed their constitutional authority. The Court can declare acts of Congress or the President unconstitutional and protect individual rights and liberties. This power is essential in maintaining the balance of power between the three branches of government.
In addition to judicial review, the Supreme Court's jurisdiction also contributes to the separation of powers and checks and balances. The Court has original jurisdiction over certain cases, such as disputes between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to review decisions made by lower courts. The Court's discretion in choosing which cases to hear further reinforces the system of checks and balances.
The Supreme Court's role in enforcing the separation of powers and checks and balances is critical to maintaining the integrity of the US governmental system. By interpreting the law and ensuring that the legislative and executive branches stay within their constitutional bounds, the Court helps prevent the concentration of power in any one branch. This function is in line with the framers' intentions to create a government where power is shared and balanced.
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Frequently asked questions
The US Supreme Court is established by Article III of the US Constitution, which designates it as one of the three main organs of the federal government.
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." Article III, Section II establishes the jurisdiction of the Supreme Court.
The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. Original jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. Appellate jurisdiction means that the Court has the authority to review the decisions of lower courts.
The power of judicial review is not explicitly mentioned in the Constitution. The Supreme Court established this power in the case of Marbury v. Madison (1803). In this case, the Court decided that the Constitution was the supreme law of the land, and that it had the authority to interpret the law and declare acts of Congress unconstitutional.
