The Constitution's Explicit Court Identification

The Supreme Court is the highest court in the United States, and its establishment is outlined in Article III of the Constitution. 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 article also establishes the jurisdiction of the Supreme Court, outlining the types of cases over which it has original and appellate jurisdiction. The Supreme Court plays a crucial role in the constitutional system of government, serving as the final arbiter of justice and ensuring that each branch of government recognizes its limits through its power of judicial review. Congress has the authority to establish a system of lower courts, including appellate and district courts, to support the Supreme Court and resolve legal disputes at various levels.

Explore related products

Constitutional Law and the Criminal Justice System

$143.94 $297.95

Listening to the Law: Reflections on the Court and Constitution

$20.69 $32

The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court

$36.19 $39.99

People v. The Court

$34.99 $34.99

Constitutional Courts in the German States: History, Structure, and Functions (Contributions to Political Science)

$47.59 $139.99

The Supreme Court: An Essential History, Second Edition

$27.1 $34.99

The Supreme Court

Article III of the US Constitution establishes the federal judiciary and the Supreme Court. 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."

The Constitution gives Congress the power to decide how to organise the Supreme Court, which it first did in the Judiciary Act of 1789. This Act established a Supreme Court with six justices and also created the lower federal court system. The number of seats on the Supreme Court has varied over the years, from a low of five to a high of 10. Since shortly after the Civil War, the number of seats has been fixed at nine, with one Chief Justice and eight Associate Justices.

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 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. This includes cases where the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas and navigable waterways. When exercising its appellate jurisdiction, the Court generally has the discretion to decide whether or not to hear a case.

As the highest court in the land, the Supreme Court is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of the government recognises the limits of its power.

Inferior courts

Article III, Section I of the US Constitution establishes the federal judiciary and identifies the Supreme Court and inferior courts as the judicial powers of the United States. While the Constitution establishes the Supreme Court, it permits Congress to decide how to organise it and establish inferior courts as it sees fit.

The Judiciary Act of 1789 was the first instance of Congress exercising this power, creating a Supreme Court with six justices and establishing the lower federal court system. Congress has since passed various acts that have altered the number of seats on the Supreme Court, which has varied from five to ten justices. The number was fixed at nine shortly after the Civil War, and today there is one Chief Justice and eight Associate Justices.

Article I Courts are another type of inferior court, and include the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Appeals for the Armed Forces, and the U.S. Tax Court.

Judicial review

The US Constitution establishes the federal judiciary under Article III, Section I, which 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."

The Constitution permits Congress to decide how to organise the Supreme Court, and it first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices and established the lower federal court system.

While the Constitution does not expressly grant federal courts the power of judicial review, this authority has been inferred from its structure, provisions, and history. Judicial review is the idea that the actions of the executive and legislative branches of government can be reviewed and potentially invalidated by the judiciary. It is a key feature of the federal judicial power and allows the Supreme Court to ensure that the other branches of government abide by the Constitution.

The Supreme Court's power of judicial review was established in the landmark decision of Marbury v. Madison in 1803, which is also known for establishing the principle that the Constitution is the supreme law of the land. In this case, the Court had to decide whether an Act of Congress or the Constitution took precedence. While the Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, the Court noted that the Constitution did not permit it to have original jurisdiction in this matter. Since the Constitution establishes the Constitution as supreme, the Court held that an Act of Congress that contradicts it cannot stand.

The first American decision to recognise the principle of judicial review was Bayard v. Singleton, decided in 1787 by the predecessor of the Supreme Court of North Carolina. Notable state cases involving judicial review include Commonwealth v. Caton (Virginia, 1782), Rutgers v. Waddington (New York, 1784), and Trevett v. Weeden (Rhode Island, 1786). Judicial review was employed in both federal and state courts between the ratification of the Constitution in 1788 and the decision in Marbury v. Madison in 1803. During this time, there were thirty-one state or federal cases in which statutes were struck down as unconstitutional, and seven additional cases in which at least one judge deemed a statute unconstitutional, even though it was upheld.

Alexander Hamilton argued in favour of the doctrine in the Federalist Papers, stating that the interpretation of the laws is the proper and peculiar province of the courts, and that judges must regard the Constitution as the fundamental law. He also wrote that the independence of the judiciary is an essential safeguard against the effects of occasional ill humours in society, which can result in unjust and partial laws.

While judicial review is now a distinctive feature of US constitutional law, it has been criticised by leading politicians such as Theodore Roosevelt and William Jennings Bryan during the Progressive Era. There is also an ongoing debate about the review of acts of Congress and the similar review of state acts, with some arguing that the Supreme Court's ability to strike down laws poses a risk of judicial tyranny.

Explore related products

An Introduction to the American Legal System, Government, and Constitutional Law (Aspen Coursebook Series)

$97

Courts and Democracies in Asia (Comparative Constitutional Law and Policy)

$41.99 $45

The Worst Trickster Story Ever Told: Native America, the Supreme Court, and the U.S. Constitution

$22.1 $30

Political Foundations of Judicial Supremacy: The Presidency, the Supreme Court, and Constitutional Leadership in U.S. History (Princeton Studies in American Politics)

$28.01 $45

Lawless: How the Supreme Court Runs on Conservative Grievance, Fringe Theories, and Bad Vibes

$14.99 $29.99

The Constitutional Courts of Small Jurisdictions (Small State Studies)

$43.31 $56.99

Original jurisdiction

The Supreme Court has original jurisdiction, which means that it can preside over certain cases from the outset, rather than hearing them on appeal. This is established in Article III, Section 2, Clause 2 of the Constitution, which grants the Supreme Court original jurisdiction over "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party".

The Supreme Court has indicated that its original jurisdiction is self-executing and flows directly from the Constitution, without the need for further action or authorisation from Congress. However, in practice, the Supreme Court rarely exercises its original jurisdiction over foreign officials. Instead, its original docket primarily resolves disputes between state governments.

The Supreme Court's original jurisdiction has been a source of debate among federal justices and judges, particularly regarding whether state and inferior federal courts could constitutionally exercise jurisdiction in cases that fell within the Supreme Court's original jurisdiction. In the 1791 case of Farquhar v. Georgia, the U.S. Circuit Court for the District of Georgia ruled that an individual could not sue a state in a federal circuit court due to the exclusive nature of the Supreme Court's original jurisdiction. Conversely, the U.S. Circuit Court for the District of Pennsylvania ruled in 1793 in United States v. Ravara that circuit courts could exercise criminal jurisdiction over a foreign consul, despite the Supreme Court's original jurisdiction over "all cases affecting" consuls.

In 1803, Chief Justice John Marshall stated that Congress could not confer the Supreme Court's original jurisdiction on any other court. However, in 1888, the Supreme Court ruled in Ames v. Kansas that parties embraced by the Supreme Court's original jurisdiction could initiate litigation in any court with jurisdiction over the parties or subject matter.

The exercise of the Supreme Court's original jurisdiction is not obligatory but discretionary, determined on a case-by-case basis. The Court has interpreted its original jurisdiction narrowly and invoked it sparingly, considering the seriousness and dignity of the claim, as well as the availability of alternative forums with jurisdiction over the named parties.

Appellate jurisdiction

Article III of the U.S. Constitution outlines the Supreme Court's appellate jurisdiction, which is further defined by federal statutes. The Supreme Court is the highest court in the United States, and Article III of the Constitution created it and authorized Congress to pass laws establishing a system of lower courts. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws.

Article III, Section 2 of the U.S. Constitution grants the Supreme Court original jurisdiction in certain types of cases, such as those involving disputes between states or disputes arising among ambassadors and other high-ranking ministers. In these cases, the Supreme Court is the first and only court to hear the case. However, most cases come to the Supreme Court on appeal, meaning the case has already been heard in a lower court. The Supreme Court then reviews the previous decision, choosing to focus on cases that have national importance or significant legal or constitutional questions.

The Supreme Court's appellate jurisdiction is "both as to Law and Fact" but with such exceptions and regulations as Congress shall make. Over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, rendering more cases subject to discretionary review. The Court has the discretion to grant or deny review via a petition for a writ of certiorari. While the Judiciary Act of 1789 granted the Supreme Court only a portion of the appellate jurisdiction described in the Constitution, the Court's early decisions emphasized the mandatory nature of appellate review.

The Supreme Court's appellate jurisdiction encourages consistency in the application of federal law across the United States. With the decrease of its mandatory appellate jurisdiction, the Supreme Court has become more focused on resolving legal and constitutional issues of national importance.

Frequently asked questions