The Supreme Court: Constitution's Highest Court

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It was established by Article III, Section II of the Constitution, which also outlines its jurisdiction. The Judiciary Act of 1789, signed by President Washington, created a Supreme Court with six justices and established the lower federal court system. The Supreme Court has original jurisdiction over a narrow range of cases, such as those involving ambassadors and other public ministers, and appellate jurisdiction over almost all other cases, including those involving federal law. The Court's power of judicial review, established in Marbury v. Madison (1803), allows it to declare acts of Congress or the Executive Branch unconstitutional.

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The Supreme Court was established by Article III of the Constitution

The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It was established by Article III, Section 1 of the 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."

Article III also authorizes Congress to pass laws establishing a system of lower courts, including federal district and appellate courts. The Judiciary Act of 1789, signed by President Washington, was one of the first acts of Congress and established a Federal court system. This Act created a Supreme Court with six justices and also set up the lower federal court system.

The Supreme Court has original jurisdiction over a narrow range of cases, such as those involving ambassadors, public ministers, and consuls, as well as cases in which a state is a party. It also has appellate jurisdiction over all U.S. federal court cases and state court cases involving questions of U.S. constitutional or federal law.

One of the most important powers of the Supreme Court is judicial review, or 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, where the Court asserted that an Act of Congress contrary to the Constitution could not stand.

The Supreme Court plays a crucial role in ensuring that each branch of the government recognizes its limits and adheres to the Constitution. It is composed of one Chief Justice and eight Associate Justices, who are appointed by the President and confirmed by the Senate. They typically hold office for life and are protected by various restrictions, including the inability to decrease their salaries during their term, to ensure the independence of the judiciary.

Congress created a lower federal court system

The U.S. Constitution established the Supreme Court, but it also gave Congress the power to decide how to organize it and to establish a system of lower courts. One of the first acts of the new Congress was to establish a Federal court system through the Judiciary Act, signed by President Washington on September 24, 1789.

The Judiciary Act of 1789 created a Supreme Court with six justices. It also established the lower federal court system, giving the Supreme Court original jurisdiction over certain cases and appellate jurisdiction over others. The Act established a limited jurisdiction for the district and circuit courts. The district courts, also known as trial courts, resolve disputes by determining the facts and applying the law to those facts. There are 94 district courts in the nation.

The circuit courts were three-judge panels comprised of one district judge and two Supreme Court Justices. The Supreme Court Justices were required to travel to the districts within their assigned circuits to hear cases, which was a challenging task given the transportation technology of that time.

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. Congress created several Article I courts that are not part of the Third Branch, including 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.

The Supreme Court has original jurisdiction over some cases

Article III, Section II of the US Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction (a case is tried before the Court without having to go through lower courts first) over certain cases, such as suits between two or more states, and cases involving ambassadors, other public ministers, and consuls. This means that a party may commence litigation in the Supreme Court in the first instance rather than reaching the high court on appeal from a state court or an inferior federal court.

The Supreme Court's original jurisdiction is not always exclusive. In some cases, Congress has granted lower federal courts concurrent jurisdiction, meaning that cases that could be filed directly in the Supreme Court may also be filed in one of the lower federal courts. For example, in Marbury v. Madison (1803), the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in a case concerning a writ of mandamus (a legal order compelling government officials to act in accordance with the law).

The Supreme Court 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. Some examples include 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).

The Supreme Court was established by the Judiciary Act of 1789, which created a Supreme Court with six justices and also established the lower federal court system. The Judiciary Act gave the Supreme Court original jurisdiction, as provided for in the Constitution, and granted the Court appellate jurisdiction in cases from the federal circuit courts and from the state courts where those courts' rulings had rejected federal claims.

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The Supreme Court has appellate jurisdiction over most other cases

Article III, Section II of the US 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.

However, the Supreme Court has appellate jurisdiction over most other cases, meaning it can hear these cases on appeal. This includes cases that involve a point of constitutional or federal law, such as those to which the United States is a party, cases involving treaties, and cases involving ships on the high seas and navigable waterways (admiralty cases).

The Certiorari Act of 1925 gives the Supreme Court the discretion to decide whether or not to hear a case on appeal. Over time, Congress has limited the types of cases subject to direct appeal to the Supreme Court, making more cases subject to discretionary review. The Supreme Court has emphasised the mandatory nature of appellate review for cases that meet jurisdictional standards.

The Supreme Court's appellate jurisdiction also extends to decisions of state courts and lower federal courts. This includes the 13 appellate courts, or US courts of appeals, that sit below the Supreme Court, as well as the 94 district or trial courts that resolve disputes by determining the facts and applying the law.

The Supreme Court's decisions can have a profound impact on society, as illustrated by landmark cases such as Tinker v. Des Moines Independent School District (1969), which held that students could not be punished for wearing black armbands to school to protest the Vietnam War.

The Supreme Court has the power of judicial review

The Supreme Court of the United States is the highest court in the country. It was established by Article III of the Constitution, which also authorised 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."

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 also gave the Supreme Court original jurisdiction, as provided for in the Constitution, and granted the Court appellate jurisdiction in cases from federal circuit courts and state courts.

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, it has been inferred from the structure, provisions, and history of the Constitution. The Court established this doctrine in the case of Marbury v. Madison in 1803, where it had to decide whether an Act of Congress or the Constitution was the supreme law of the land.

The Supreme Court's power of judicial review is essential in ensuring that each branch of government recognises the limits of its power. It plays a crucial role in protecting civil rights and liberties by striking down laws that violate the Constitution. The Court has the final say on when a right is protected by the Constitution or when a Constitutional right has been violated.

In the period from 1960 to 2019, the Supreme Court held 483 laws unconstitutional in whole or in part. The Court has appellate jurisdiction in almost any case involving a point of constitutional or federal law. It can decide whether to hear a case, and it agrees to review around 100-150 cases out of the more than 7,000 cases it is asked to review each year.

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