Jonah Patel
The US Constitution establishes the federal judiciary and specifically mentions the Supreme Court, which is the highest court in the country. 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 gives Congress the power to establish federal district and appellate courts and structure the Supreme Court. The Constitution also outlines the jurisdiction of the Supreme Court, which includes original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving constitutional or federal law.
| Characteristics | Values |
|---|---|
| Name | Supreme Court of India |
| Judicial System | Single integrated system of courts to administer both Union and State laws |
| Position in the Judicial System | Apex of the entire judicial system |
| Courts below the Supreme Court | High Courts in each State or group of States |
| Courts below the High Courts | Hierarchy of Subordinate Courts, District Courts, and Panchayat Courts |
| Judges | Chief Justice of India and not more than 33 other Judges |
| Appointment Authority | President of India |
| Eligibility Criteria | Citizen of India with 5 years of experience as a Judge of a High Court or 10 years of experience as an Advocate of a High Court or a distinguished jurist |
| Retirement Age | 65 years |
| Powers | Original, appellate, and advisory jurisdiction; Power to invalidate parliamentary and governmental decisions; Power to overturn the impeachment process of the President and Judges |
| Administrative Wing | Registry, divided into Administration and Judicial wings |
| Seat | Delhi or other places as appointed by the Chief Justice of India with the approval of the President |
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What You'll Learn
- The US Constitution establishes the federal judiciary and the US Supreme Court
- Article III, Section I of the Constitution outlines the judicial power of the US
- The Supreme Court has original and appellate jurisdiction
- The Supreme Court can declare a Legislative or Executive Act in violation of the Constitution
- Congress has created non-Article III tribunals, sometimes called Article I courts
The US Constitution establishes the federal judiciary and the US Supreme Court
Article III, Section I of the 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."
This section establishes the federal judiciary and gives Congress the power to organise the Supreme Court and create lower courts. 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.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining when it has original jurisdiction (when a case is tried before the Court) and when it has appellate jurisdiction (when the Court hears a case on appeal). 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 has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
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 doctrine in the case of Marbury v. Madison in 1803, asserting its authority to strike down acts of Congress that contradict the Constitution.
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Article III, Section I of the Constitution outlines the judicial power of the US
Article III, Section I of the US Constitution outlines the judicial power of the United States. This article establishes the federal judiciary and the Supreme Court, which is the only federal court mentioned in the Constitution. 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."
The Constitution gives Congress the power to create and organise federal courts below the Supreme Court, known as "inferior courts". This includes the authority to determine the number of justices on the Supreme Court, which has varied over the years from five to ten. Since shortly after the Civil War, the number has been fixed at nine, including one Chief Justice and eight Associate Justices.
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 has appellate jurisdiction on almost all other cases that involve a point of constitutional or federal law. The Court also has the power of judicial review, which is the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803.
The judicial branch, as outlined in Article III, interacts with the executive and legislative branches through a system of checks and balances. This ensures that no single branch accumulates excessive power and safeguards the principles of democracy and the rule of law. The President appoints federal judges with the advice and consent of the Senate, and the executive branch is responsible for enforcing the judgments and decisions of the federal courts.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court is the only court specifically mentioned in the US Constitution. Article III, Section I of the 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."
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states, cases involving ambassadors, and other public ministers. In these cases, the Supreme Court is the first court to hear the case. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act in accordance with the law.
However, in the case of Marbury v. Madison (1803), the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in issuing writs of mandamus. This established the important principle that the Constitution is the supreme law of the land, and any Act of Congress contrary to it is invalid.
The Supreme Court also has appellate jurisdiction, or the ability to hear cases on appeal, in almost any other case that involves a point of constitutional or federal law. This includes cases to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases). When exercising its appellate jurisdiction, the Supreme Court has the discretion to decide whether or not to hear a case, and it typically only does so if the case could have national significance or might harmonize conflicting decisions in lower courts.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court in the land, it is the final arbiter of justice and ensures that each branch of government recognizes its own limits. It also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to prevent the majority from infringing on the rights of minorities.
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The Supreme Court can declare a Legislative or Executive Act in violation of the Constitution
The Supreme Court is specifically mentioned in Article III of the US Constitution, which establishes 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."
Congress has the power to decide how to organize the Supreme Court and did so initially through the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system.
The Supreme Court's most well-known power is its ability to declare a Legislative or Executive Act in violation of the Constitution. This power, known as judicial review, is not explicitly mentioned in the text of the Constitution. However, the Court established this doctrine in the case of Marbury v. Madison in 1803. In this landmark case, the Court had to decide whether an Act of Congress or the Constitution took precedence as the supreme law of the land.
The Judiciary Act of 1789 granted the Supreme Court original jurisdiction to issue writs of mandamus, or legal orders compelling government officials to act according to the law. When a suit was brought under this Act, the Supreme Court noted that the Constitution did not permit it to have original jurisdiction. Based on Article VI of the Constitution, which establishes the Constitution as the supreme law, the Court held that an Act of Congress contrary to the Constitution is invalid.
In subsequent cases, the Supreme Court affirmed its authority to strike down state laws found to be in violation of the Constitution. After the passage of the Fourteenth Amendment in 1869, the Supreme Court ruled that most provisions of the Bill of Rights applied not just to the federal government but also to the states. Thus, the Court has the final say on whether a Constitutional right has been violated and plays a critical role in ensuring that each branch of government respects its limits.
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Congress has created non-Article III tribunals, sometimes called Article I courts
The US Constitution established one federal court: the US Supreme Court. Article III, Section I of the Constitution vests the federal judiciary power in the Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish".
Congress has the power to create different federal tribunals that can adjudicate a variety of legal disputes. Over time, Congress has periodically created courts under Article III to exercise specialized jurisdiction over specific categories of cases.
Congress has also created non-Article III tribunals, also known as Article I courts or legislative courts. These courts are staffed by personnel such as administrative law judges, military judges, and federal magistrates. When determining whether a court is a constitutional court, the Supreme Court considers the structure of the court and whether it adheres to the basic requirements of Article III, rather than relying on how Congress labels the court.
Article III protections for federal judges do not apply to judges on Article I tribunals. For example, Article III, Section 1 prevents Congress from punishing unpopular judicial decisions by docking judges' pay.
The Supreme Court has interpreted the "case or controversy" requirement of Article III to impose certain rules of justiciability, such as a prohibition on advisory opinions, requirements of standing and ripeness, and limitations on the ability of federal courts to decide "political questions".
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Frequently asked questions
The US Constitution specifically mentions the Supreme Court.
The Supreme Court is mentioned 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."
The Supreme Court is the highest court in the land and plays a crucial role in the constitutional system of government. It has the power of judicial review, which means it can declare acts of Congress or Executive acts unconstitutional. The Supreme Court also has original and appellate jurisdiction over certain types of cases, as outlined in Article III, Section II of the Constitution.
