Isabella Carter
The United States Constitution establishes the judicial branch as one of the three distinct branches of the federal government. Article III, Section I of the Constitution establishes the federal judiciary, with the judicial power of the United States vested in a Supreme Court and inferior courts ordained and established by Congress. The Supreme Court, with its justices appointed by the President and confirmed by the Senate, holds original jurisdiction over certain cases and appellate jurisdiction over a wide range of cases involving constitutional and federal law. The Judiciary Act of 1789 further shaped the federal court system, establishing a Supreme Court with six justices and outlining the jurisdiction of district and circuit courts.
| Characteristics | Values |
|---|---|
| Established by | Article III of the U.S. Constitution |
| Judicial power | Vested in one supreme court and such inferior courts as Congress may establish |
| Judges | Appointed by the President and confirmed by the Senate |
| Tenure | Lifetime |
| Jurisdiction | Original and appellate |
| Number of justices | One Chief Justice and eight Associate Justices |
| Remuneration | Cannot be decreased during their term in office |
| Independence | Protected by lifetime tenure |
| Federal judiciary | Established by the Judiciary Act of 1789 |
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What You'll Learn
The Supreme Court
The Constitution establishes the Supreme Court but 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. The Judiciary Act of 1789 also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
Justices of the Supreme Court are appointed by the President and confirmed by the Senate. There is one Chief Justice and eight Associate Justices. They typically hold office for life, and their salaries cannot be decreased during their term. These restrictions are meant to protect the independence of the judiciary from political branches of government.
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Congress's role in the judiciary
Article III of the US Constitution establishes the federal judiciary, with Section I stating 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, which created the judicial branch of government, is notably shorter than Articles I and II, which established the legislative and executive branches, respectively.
While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organise it and establish 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. Over the years, Congress has altered the number of seats on the Supreme Court through various acts, with the current number set at nine.
The US Constitution operates within a system of checks and balances, where each branch is formally separate but often required to cooperate. For example, federal laws are passed by Congress and signed by the President, but the judicial branch decides their constitutionality. Congress has also created Article I courts, such as the US Court of Appeals for Veterans Claims and the US Tax Court, which are not part of the Third Branch.
Congress plays a crucial role in the judiciary through its judiciary committees in both the Senate and the House of Representatives. These committees specialise in legislation related to the federal courts and have played a central role in drafting laws and shaping judicial policy. The Senate committee, established in 1816, is responsible for reporting on legislation regarding the structure, administration, jurisdiction, and proceedings of the federal courts, as well as federal judges' service. The House committee, established in 1813, has a similar role and has been crucial in investigating judicial misconduct and impeachment proceedings.
The House Judiciary Committee, also known as the "lawyer for the House of Representatives," handles a substantial legislative workload, including matters related to civil and criminal judicial proceedings, federal courts and judges, bankruptcy, espionage, terrorism, civil liberties, constitutional amendments, and more. It has been at the centre of American politics, notably during impeachment charges against presidents.
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Judges' independence
Article III of the US Constitution establishes the federal judiciary, with Section I stating 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 permits Congress to decide how to organize the Supreme Court, a power first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
The independence of judges is a critical aspect of the judiciary's functioning, and it is protected through various mechanisms. Firstly, judges are appointed by the President and confirmed by the Senate, holding office for life, with their salaries protected from diminution during their term. These provisions safeguard against external influences and ensure that judges can make rulings based on the rule of law without fear of repercussions.
Different countries employ varying methods to ensure judicial independence. One approach is granting life tenure or long tenure to judges, freeing them to make decisions without concern for political repercussions or popular opinion. This concept has roots in 18th-century England, with the Act of Settlement of 1701 providing explicit protection to judges from unilateral removal by the crown.
Judicial independence can be viewed at both the institutional and individual levels. At the institutional level, it is crucial to limit government influence over judicial salaries and removal processes, while ensuring a decentralized organizational structure that grants autonomy to individual judges. At the individual level, judges must be allowed to pursue their decisions without being forced to conform to the wishes of the judiciary's leadership.
However, complete judicial independence may also lead to challenges. Without checks and balances, self-interest, ideological dedication, or corruption could influence judicial decisions. Therefore, it is essential to strike a balance between independence and accountability, ensuring that judges provide justifications for their rulings and are subject to judicial retention elections, which promote accountability.
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Jurisdiction
Article III of the US Constitution establishes the judiciary as one of the three distinct branches 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 of the Constitution thus establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts. The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. It also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. The Act also established the lower federal court system, which consists of 13 appellate courts and 94 district or trial courts.
The Constitution divides the federal government into three branches: legislative, executive, and judicial. This ensures that no individual or group will have too much power. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. However, judges depend on the executive branch to enforce court decisions.
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Judicial review
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. Each branch operates within a constitutional system of checks and balances, where they can change the actions of the other branches.
Article III of the Constitution establishes the federal judiciary and the judicial branch of the national government. 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 establishes the Supreme Court, but 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. The Judiciary Act of 1789 also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
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 judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. However, judges depend on the executive branch to enforce court decisions. The independence of judges is protected by lifetime tenure, and their salaries cannot be decreased during their term of office.
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Frequently asked questions
The US Constitution establishes the Supreme Court as the only judicial office.
The Supreme Court has the final word on the constitutionality of federal laws and resolves other cases involving federal laws.
The establishment of the Supreme Court by the Constitution ensures its independence and authority to interpret the Constitution and strike down laws or official actions inconsistent with it.
The Supreme Court consists of justices appointed by the President and confirmed by the Senate. They typically hold office for life, and their salaries cannot be decreased during their term. These protections safeguard the judiciary's independence from political branches.
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