The Judiciary Powers: Constitution's Founding Principles

The US Constitution establishes the federal judiciary in Article III, which outlines the structure and function of the judicial branch, including its interaction with the other branches of 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. This provision reflects the intention of the Framers of the Constitution to create a balanced government that avoids tyranny and ensures a fair system of justice. The judicial power is defined as the authority to decide and pronounce judgments and carry them out between parties who bring a case before a court. This power extends to cases arising under the Constitution, laws of the United States, treaties, and controversies involving the US government, multiple states, or citizens of different states. The Supreme Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare acts of Congress or the Executive Branch unconstitutional.

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Judicial power is vested in the Supreme Court and inferior federal courts

The Constitution of the United States establishes the federal judiciary 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 means that the Supreme Court is established by the Constitution, but Congress is permitted to decide how to organise it and create inferior federal courts as needed.

The distinction between judicial power and jurisdiction is important to the interpretation of the phrase "shall be vested". While all the judicial power of the United States is vested in the Supreme Court and inferior federal courts, neither has been vested with all jurisdiction. This means that two prerequisites to jurisdiction must be present: the Constitution must give the courts the capacity to receive it, and an act of Congress must confer it.

The judicial power of the United States extends to a wide range of cases, including those arising under the Constitution, the laws of the United States, and treaties made under their authority. It also includes cases affecting ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, and consuls, and when a state is a party. In all other cases, the Supreme Court has appellate jurisdiction.

The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803, where the Court decided that an Act of Congress contrary to the Constitution could not stand. The Court also has the authority to strike down state laws found to be in violation of the Constitution, ensuring that each branch of government recognises the limits of its power.

Congress decides how to organise the Supreme Court

The US Constitution establishes the federal judiciary and the Supreme Court. However, it is Congress that decides how to organise the Supreme Court. Article III, Section I of the US Constitution 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."

Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. This Act also established the lower federal court system. The number of seats on the Supreme Court has varied over the years, ranging from five to ten justices. Following the Civil War, the number of seats was fixed at nine, which remains the case today, with one Chief Justice and eight Associate Justices.

The Supreme Court's most well-known power is 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 Constitution, but the Court established it in the case of Marbury v. Madison in 1803. The Court held that an Act of Congress that is contrary to the Constitution could not stand, as the Constitution is the supreme law of the land.

The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law, such as cases to which the United States is a party, and cases involving treaties. When exercising its appellate jurisdiction, the Court generally has the discretion to decide whether or not to hear a case.

The decisions of the Supreme Court have a significant impact on society, influencing not just lawyers and judges but also the general public, including high school students.

The Judiciary Act of 1789

The Act was drafted in response to Article III, Section 1 of the newly ratified Constitution, which invited Congress to "ordain and establish" a court structure for the new national government. The Act created a Supreme Court with six justices, granting it original jurisdiction in certain cases outlined in the Constitution and appellate jurisdiction in cases from lower federal courts and state courts where federal claims had been rejected.

The Act also established the lower federal court system, specifying the jurisdiction and powers of district and circuit courts. It included the Alien Tort Statute, providing jurisdiction to district courts over lawsuits by aliens for torts violating US laws or treaties. The Act further outlined the qualifications and authority of federal judges, district attorneys, court clerks, US Marshals, and Deputy Marshals.

The Act was significant as it was the first act of Congress to be partially invalidated by the Supreme Court in the case of Marbury v. Madison (1803). The Court established its authority to interpret the Constitution and declare acts of Congress unconstitutional if they contradicted the Constitution's provisions.

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Judicial review

Article III of the US Constitution establishes the federal judiciary, outlining the structure and function of the judicial branch. This article vests the judicial power of the United States in a supreme Court and such inferior courts as Congress may establish. It grants Congress the authority to decide how to organise the judiciary and create lower courts, known as "inferior courts," as necessary. The Judiciary Act of 1789 was a significant milestone as it established the US Supreme Court and the lower federal court system.

The Constitution outlines the scope of judicial power, stating that it shall extend to cases in law and equity arising under the Constitution, laws of the United States, and treaties made under their authority. It includes cases involving ambassadors, public ministers, consuls, admiralty, and maritime jurisdiction. Additionally, it covers controversies where the US is a party, between different states, between citizens of different states, and those involving land grants from different states.

While the text of the Constitution does not explicitly mention "judicial review," the Supreme Court established this power in the landmark case of Marbury v. Madison (1803). Judicial review refers to the power of the Court to declare a legislative or executive act as violating the Constitution. In this case, the Court asserted that an Act of Congress contrary to the Constitution could not stand, establishing the Constitution as the supreme law of the land.

The Supreme Court's power of judicial review plays a crucial role in maintaining a balance of power between the branches of government. It ensures that each branch recognises its own limitations and prevents the accumulation of excessive power by any single branch. The Court has the final say in interpreting Constitutional rights and determining when those rights are violated.

In summary, while the specific term "judicial review" is not found in the text of the Constitution, the establishment of the federal judiciary in Article III sets the foundation for this power. The Supreme Court's interpretation of its authority in Marbury v. Madison solidified its ability to review and strike down acts of Congress or executive actions that conflict with the Constitution, reinforcing the nation's system of checks and balances.

Checks and balances

Article III of the US Constitution establishes the federal judiciary and outlines the structure and function of the judicial branch, creating a system of checks and balances to ensure no branch of government becomes too powerful.

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." This provision recognises the Supreme Court as the highest court in the land, with the power to decide and pronounce judgments and ensure their execution.

The Constitution grants Congress the authority to establish lower federal courts, known as "inferior courts", and determine their organisation. This power was first exercised 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 United States extends to a range of cases, including those arising under the Constitution, laws of the United States, and treaties made under their authority. It covers cases involving ambassadors, public ministers, and consuls, as well as admiralty and maritime jurisdiction. The Supreme Court has original jurisdiction in cases affecting ambassadors and those in which a state is a party, while it has appellate jurisdiction in other cases.

The Supreme Court's power of judicial review, established in the case of Marbury v. Madison (1803), allows it to declare acts of Congress or the Executive branch unconstitutional. This power ensures that each branch of government respects the limits of its authority.

The system of checks and balances is further strengthened by provisions regarding the tenure and compensation of judges. Judges of the Supreme and inferior courts hold their offices during good behaviour and receive compensation that cannot be diminished during their continuance in office.

Through the interaction of the judiciary, executive, and legislative branches, the checks and balances in the Constitution safeguard the principles of democracy and the rule of law, ensuring that the government remains balanced and fair.

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