Eleanor Finch
The federal judiciary is established by Article III of the US Constitution, 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 establishes the Supreme Court as the highest court in the United States and gives Congress the authority to create lower federal courts, including circuit and district courts. The Judiciary Act of 1789, signed by President Washington, established the lower federal court system and created a Supreme Court with six justices. This act also gave the Supreme Court original jurisdiction provided for in the Constitution and granted it appellate jurisdiction in cases from federal circuit courts and state courts where federal claims were rejected. Today, the Supreme Court consists of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate, typically serving for life.
| Characteristics | Values |
|---|---|
| Established by | Article III of the U.S. Constitution |
| Court system | Federal |
| Court type | Supreme Court |
| Number of justices | 6 (initially), 9 (since shortly after the Civil War) |
| Current justices | 1 Chief Justice, 8 Associate Justices |
| Appointment | By the President, confirmed by the Senate |
| Term | Life |
| Jurisdiction | Original and appellate |
| Cases heard | Suits between two or more states, cases involving ambassadors and other public ministers, cases involving federal laws, disputes between states, disputes involving more than $75,000 between residents of different states |
| Powers | Authority to strike down state laws found to be in violation of the Constitution, final say on issues affecting the lives of Americans, including basic civil rights, religious freedoms, voting rights, affirmative action, and in some cases life or death |
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What You'll Learn
The Supreme Court
Article III of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex. This article 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."
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The Judiciary Act of 1789
The First Congress, in the Judiciary Act of 1789, established a limited jurisdiction for the district and circuit courts, gave the Supreme Court the original jurisdiction provided for in the Constitution, and granted the Court appellate jurisdiction in cases from the Federal circuit courts and state courts where Federal claims had been rejected. This decision to grant Federal courts a more restrictive jurisdiction than that allowed by the Constitution was a recognition that a full-blown Federal court system would not be palatable to the people of the United States at that time.
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Federal court jurisdiction
Article III of the US Constitution establishes the federal judiciary, with one Supreme Court and inferior courts as ordained and established by Congress. The Supreme Court is the highest court in the US, and it has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law. The Supreme Court has the power to strike down state laws found to be in violation of the Constitution and has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
The Judiciary Act of 1789 established the lower federal court system and created a Supreme Court with six justices. Congress has continued to build on the Judiciary Act, exercising discretionary power to expand or restrict Federal court jurisdiction. Federal trial courts have been established for specific areas, such as bankruptcy, tax, claims against the federal government, and international trade.
The US Courts of Appeals sit below the Supreme Court, and there are 12 federal circuits that divide the country into different regions. Cases from the district courts are appealed to the US Court of Appeals for that circuit. The Federal Circuit Court of Appeals has nationwide jurisdiction over specific issues, such as patents.
Diversity jurisdiction allows a plaintiff of one state to file a lawsuit in federal court when the defendant is located in a different state, and vice versa. This enabled federal courts to hear cases involving only state law, where the "amount in controversy" exceeds a certain threshold, which is currently $75,000.
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Appointment of judges
The Supreme Court is the only federal court established by the US Constitution. Article III of the Constitution establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts.
The US Constitution establishes the Supreme Court as one of the three distinct branches of the federal government, with the legislative and executive branches being the other two. The Supreme Court is the highest court in the US, with the nine justices of the Supreme Court nominated by the President and confirmed by the US Senate.
The justices of the Supreme Court are typically appointed for life. However, they may resign or retire early. They can also be removed by impeachment by the House of Representatives and conviction by the Senate. Justices' salaries cannot be decreased during their term in office, and they are protected from outside influence by this restriction.
The lower federal court system, including district and circuit courts, was established by the Judiciary Act of 1789. The district courts are the general trial courts of the federal court system, and each district court has at least one US district judge, appointed by the President and confirmed by the Senate for a life term.
Magistrate judges are judicial officers of the US district courts appointed by a majority vote of the district judges of the court to handle a variety of judicial proceedings. They are appointed for a term of eight years if full-time and four years if part-time, but they can be reappointed after completing their term.
Bankruptcy judges are appointed by a majority of the judges of the US Court of Appeals for their circuit, with assistance from the circuit judicial council. They are appointed to renewable 14-year terms and must meet eligibility criteria, including being a member of the bar in good standing.
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Federal and state court systems
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments. Both levels of government have their own court systems, with the federal judiciary established by Article III of the Constitution.
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 established the Supreme Court and authorised Congress to pass laws creating a system of lower federal courts. 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.
The federal court system has three main levels: district courts (the trial court), circuit courts (the first level of appeal), and the Supreme Court of the United States, the final level of appeal. There are 94 district courts, 13 circuit courts, and one Supreme Court. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorised by the US Constitution or federal statutes.
State court systems also have their own structures, judicial selection processes, and types of cases heard. The Supreme Court, however, has the power to decide appeals on cases brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by a state court, it could be appealed to the federal Supreme Court.
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Frequently asked questions
The Supreme Court is the only federal court established by the Constitution. Article III of the Constitution establishes the Supreme Court and permits Congress to create lower federal courts, such as circuit and district courts.
The Supreme Court is the highest court in the United States. It has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. The Supreme Court also has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors.
There are nine justices on the Supreme Court: eight associate justices and one chief justice.
Supreme Court justices are appointed by the President and confirmed by the Senate. Justices typically hold office for life, and their salaries cannot be decreased during their term.
