Simone Lawson
The U.S. Constitution established the federal judiciary, including the Supreme Court, and authorized Congress to pass laws establishing a system of lower courts. 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. The Judiciary Act of 1789 created a Supreme Court with six justices and established the lower federal court system. The Supreme Court is the highest court in the land and has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
| 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' tenure | Judges hold office during good behavior |
| Judges' compensation | Compensation shall not be diminished during their continuance in office |
| Jurisdiction | Original and appellate jurisdiction |
| Powers | Judicial review, declaring acts in violation of the Constitution, and striking down state laws |
| Number of justices | Six in the First Congress; nine today (one Chief Justice and eight Associate Justices) |
| Circuit courts | Consist of two justices of the Supreme Court and the district judge of such districts |
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What You'll Learn
The Constitution established the Supreme Court
The Constitution of the United States established the Supreme Court, as outlined in Article III, Section I: "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 federal judiciary as one of the three distinct branches of the US federal government, alongside the legislative and executive branches.
The Supreme Court is the highest court in the United States, and it plays a crucial role in the constitutional system of government. It has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear cases on appeal that involve constitutional, federal, or admiralty law.
The Judiciary Act of 1789, passed by Congress, established a Supreme Court with six justices and created the lower federal court system. This act addressed questions raised by the generality of Article III and affirmed the Supreme Court's power of judicial review, or the ability to declare a legislative or executive act in violation of the Constitution.
The Supreme Court's role in interpreting and applying the Constitution is significant. It has the authority to strike down state laws found to be in violation of the Constitution and to determine when a Constitutional right is violated. The Court's power of judicial review ensures that each branch of the government recognizes its own limits and operates within the framework established by the Constitution.
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Congress established a Federal court system
The U.S. Constitution establishes the judicial branch as one of the three distinct branches of the federal government. 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 provision gives Congress the authority to establish and organize a Federal court system. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system. This act also gave the Supreme Court original jurisdiction, as provided for in the Constitution, and granted it appellate jurisdiction in cases from Federal circuit courts and state courts where Federal claims had been rejected.
The Judiciary Act of 1789 established a Federal court system that closely resembles the one in place today. Congress has continued to build on the interpretation of the drafters of the first Judiciary Act, exercising discretionary power to expand or restrict Federal court jurisdiction.
The U.S. Supreme Court is the highest court in the country, with the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. Below the Supreme Court are 13 appellate courts, or U.S. courts of appeals, which determine whether the law was applied correctly in the trial court or federal administrative agency. There are also 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.
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The Supreme Court has original jurisdiction
The United States Constitution establishes the Supreme Court and outlines its original jurisdiction. Article III, Section 2 of the Constitution grants the Supreme Court original jurisdiction in cases "affecting Ambassadors, other public Ministers and Consuls" and those in which a
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The Supreme Court has appellate jurisdiction
The Supreme Court of the United States is established by Article III, Section 1 of the Constitution. The Supreme Court has both original and appellate jurisdiction. Original jurisdiction means that the Supreme Court is the first and only court to hear a case. This jurisdiction is limited to cases involving disputes between states or disputes arising among ambassadors and other high-ranking ministers.
Appellate jurisdiction, on the other hand, refers to the Supreme Court's authority to review decisions made by lower courts. The Court can choose which cases to hear and primarily exercises this power through writs of certiorari. This is where the Court reviews cases that have significant legal or constitutional questions. The Supreme Court receives thousands of petitions annually but only hears a fraction of these cases, focusing on those with broad legal implications and where lower courts have interpreted federal law differently.
The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case on appeal. The Court is not under any obligation to hear cases and usually only does so if the case could have national significance, might harmonize conflicting decisions in federal Circuit courts, and/or could have precedential value. For the first century of the Court's existence, most of its cases were direct appeals.
Congress has authorized Supreme Court review of decisions of state courts and lower federal courts through two mechanisms: appeals and petitions for a writ of certiorari. The Court has the discretion to grant or deny review via a petition for a writ of certiorari, but it is required to exercise jurisdiction over cases properly before it on direct appeal. Over time, Congress has limited the types of cases subject to direct appeal, rendering more cases subject to discretionary review via certiorari.
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The Supreme Court has the final say on Constitutional rights
The Supreme Court of the United States is the highest court in the country. Article III, Section I of the US Constitution establishes the federal judiciary, 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."
While the Constitution establishes the Supreme Court, it permits Congress to decide how to organize 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 number of seats on the Supreme Court has varied over the years, but since shortly after the Civil War, it has been fixed at nine—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 or 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 Certiorari Act of 1925 gives the Court the discretion to decide whether or not to hear a case when exercising its appellate jurisdiction.
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 Constitution. However, the Court established this doctrine in the case of Marbury v. Madison in 1803. Since then, the Court has had the final say on Constitutional rights, ruling on when a right is protected by the Constitution and when a Constitutional right is violated. For example, in the case of Tinker v. Des Moines Independent School District (1969), the Court held that students could not be punished for wearing black armbands to school to protest the Vietnam War, thus protecting their freedom of speech.
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Frequently asked questions
The U.S. Supreme Court is the highest court in the United States.
Article III of the U.S. Constitution established the Supreme Court.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
