The Judiciary: Limited By Constitution's Restraints

The US Constitution establishes the judiciary as one of the three separate and distinct branches of the federal government, with the power to decide certain cases and resolve controversies in a neutral and objective way. Article III of the Constitution establishes and empowers the judicial branch, creating the Supreme Court and authorizing Congress to pass laws establishing a system of lower courts. The judicial power extends to all cases in law and equity, including those affecting ambassadors and other public ministers, as well as controversies between states and citizens. While the judiciary has the authority to decide the constitutionality of laws, it has been described as the 'weakest branch due to its lack of influence over the other branches.

Explore related products

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

Constitution of the United States (Books of American Wisdom)

$9.25 $9.95

Judiciary, Judges & Judgements

$5.04 $20.99

The Relation of the Judiciary to the Constitution.

$95

Term Limits for Members of the U. S. House and Senate: Hearing Before the Subcommittee on the Constitution of the Committee on the Judiciary, House of ... Session; February 3, 1995 (Classic Reprint)

$31.97 $40.57

The Federal Judiciary: Strengths and Weaknesses

$37.49 $42

The US Constitution establishes the judiciary as one of three separate branches of the federal government

Article III of the Constitution thus establishes and empowers the judicial branch of the national government, ensuring its separation from the other two branches: the legislature (Congress) and the executive (the President). This system of checks and balances is designed to balance power so that no one branch of the government can overpower another.

The judiciary's power extends to all cases in law and equity arising under the Constitution, the laws of the United States, and treaties made under their authority. This includes cases affecting ambassadors, public ministers, and consuls, as well as those involving admiralty and maritime jurisdiction. The Supreme Court holds original jurisdiction in cases affecting ambassadors and those in which a state is a party, while it shares appellate jurisdiction with inferior federal courts in other cases.

The federal judiciary has evolved since its establishment, with Congress setting up a three-level federal court system: trial courts, courts of appeals, and the Supreme Court. This system allows for the resolution of disputes and the interpretation and application of relevant laws in an objective and neutral manner.

Despite the judiciary's role in interpreting the Constitution, Alexander Hamilton described it as the "weakest" branch due to its lack of influence over the other branches. The power of judicial review, which allows courts to determine the constitutionality of government actions, has been a subject of debate since the Founding.

The judiciary has the power to decide the constitutionality of federal laws

The US Constitution establishes three distinct branches of federal government: the legislative, the executive, and the judiciary. Each branch has its own roles and areas of authority, and they operate within a system of checks and balances, requiring cooperation between the three.

The judiciary, established and empowered by Article III of the Constitution, has the power to decide the constitutionality of federal laws and resolve other cases involving federal laws. This is known as judicial review. The Supreme Court, established by Article III, is the highest court in the country, and there are also inferior courts ordained and established by Congress. The federal judiciary has a three-level court system: trial courts, courts of appeals, and the Supreme Court.

The judicial power extends to all cases in law and equity that arise under the Constitution, the laws of the United States, and treaties made under their authority. This includes cases affecting ambassadors, public ministers, and consuls; cases of admiralty and maritime jurisdiction; controversies to which the United States is a party; controversies between two or more states, between a state and citizens of another state, between citizens of different states, and between citizens of the same state claiming lands under grants of different states; and cases between a state, or its citizens, and foreign states, citizens, or subjects.

The Supreme Court has original jurisdiction in cases affecting ambassadors, other public ministers, consuls, and those in which a state is a party. In all other cases, the Supreme Court has appellate jurisdiction, with some exceptions and regulations set by Congress. The federal courts have the power to decide certain cases and resolve controversies by interpreting and applying relevant laws and facts in a neutral and objective manner. However, when it comes to the legality of the government's actions or the constitutionality of rules or laws, the matter becomes more complex. While the judiciary has the power of judicial review, some critics argue that this power could allow the courts to shape the government according to their preferences.

The Supreme Court is the highest court in the US

The Supreme Court has original jurisdiction in certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It also has appellate jurisdiction on almost any other case involving a point of constitutional or federal law. The Court's power of judicial review allows it to define the scope and nature of the powers and separation between the legislative and executive branches. For example, in United States v. Curtiss-Wright Export Corp. (1936), Dames & Moore v. Regan (1981), and Goldwater v. Carter (1979), the Court's decisions impacted the powers of the executive branch.

The Supreme Court's decisions can have significant implications for the country. For instance, in National Labor Relations Board v. Noel Canning, the Court limited the president's ability to make recess appointments. In Marbury v. Madison, the Court established the doctrine of judicial review, asserting its ability to declare a Legislative or Executive act as unconstitutional.

The Supreme Court's role is crucial in maintaining the balance of power between the branches of government and ensuring the independence of the judiciary. It provides a check on the other branches and helps uphold the rule of law in the US.

Explore related products

The Kiss of Judice*: The Constitution Betrayed: A Coroner's Inquest: *Judice = Latin: pertaining to judges (Treatise on Judiciary's Role in the Death of the Constitution)

$55

Report of the Special Committee on Judiciary Ordinances of the New Constitution : submitted for the consideration of the bench and bar and public of Louisiana / Louisiana Bar Associati [Leather Bound]

$17.75

American Constitutionalism: From Theory to Politics

$52.25 $55

Responding to Imperfection - The Theory and Practice of Constitutional Amendment

$37.62 $75

Constitutional Bricolage: The Art of the Do-it-Yourself Handyman Who Must Solve Problems Given Only Limited Tools and His Own Ingenuity

$39

Indian Constitution: Text, Context and Interpretation

$27

The federal judiciary is large and powerful

Article III of the US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The three branches—the legislative, executive, and judicial—operate within a constitutional system of "checks and balances". This means that while each branch is formally separate from the other two, the Constitution often requires cooperation among the branches.

The federal judiciary is indeed large and powerful. It is comprised of a three-level federal court system—trial courts, courts of appeals, and the Supreme Court—with about 800 federal judges. The Supreme Court was established by Article III of the Constitution, which also authorized Congress to pass laws establishing a system of lower courts. There are 13 appellate courts that sit below the US Supreme Court, and they are called US courts of appeals. The nation's 94 district or trial courts are called US district courts.

The judicial power of the United States is vested in the Supreme Court and such inferior courts as Congress may from time to time ordain and establish. The Supreme Court has original jurisdiction in all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be a party. In all other cases, the Supreme Court has appellate jurisdiction.

The federal judiciary's power is further demonstrated by its ability to decide the constitutionality of federal laws and resolve other cases involving federal laws. The judiciary's power of "judicial review" allows it to determine whether the actions of legislators and officials are consistent with the Constitution. This power was not universally accepted at the time of the Founding, with some critics arguing that it would "enable [the courts] to mold the government into almost any shape they please". This debate continues today.

The judiciary is considered the weakest branch of the federal government

Article III of the US Constitution establishes the judiciary as one of the three distinct branches of the federal government. The judiciary, comprising the Supreme Court and inferior courts, operates within a system of "checks and balances", formally separate from the legislative and executive branches. This system ensures that no single branch of government holds excessive power.

The judiciary's role in this system is to interpret and apply the law, resolving disputes and controversies in a neutral and objective manner. This includes deciding the constitutionality of federal laws and reviewing the actions of legislators and officials to ensure compliance with the Constitution. While the judiciary has the authority to declare laws or government actions unconstitutional, it relies on the executive branch for the enforcement of its decisions.

Alexander Hamilton, in The Federalist No. 78, characterised the judiciary as "beyond comparison the weakest" of the three branches. He attributed this weakness to the judiciary's lack of "influence over either the sword or the purse", possessing "neither FORCE nor WILL, but merely judgment". The judiciary's absence of direct coercive power and dependence on the executive for enforcement contribute to its perceived weakness relative to the other branches.

The judiciary's limited power and distinct role in the constitutional framework are further emphasised by the "Good Behaviour Clause". This clause ensures that judges hold their offices during good behaviour and receive compensation that cannot be diminished during their continuance in office. This provision promotes judicial independence and shields judges from political influence, reinforcing the judiciary's focus on impartial judgment rather than the exercise of force or will.

Frequently asked questions