
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government, alongside the legislative and executive branches. This article outlines the structure and function of the judicial branch, which consists of the Supreme Court and inferior courts created by Congress. It guarantees the right to a fair trial, with cases handled by the judiciary pertaining to federal law and other enumerated areas.
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What You'll Learn

Article III establishes the judicial branch
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. These three branches—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. For example, federal laws are passed by Congress and signed by the President, but judges depend on the executive branch to enforce court decisions.
Article III created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. Article III also guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers.
The judicial branch establishes a framework for its interaction with other branches. This system of checks and balances ensures that no single branch of government accumulates excessive power. It safeguards the principles of democracy and the rule of law in the United States. Through collaborative efforts and constitutional oversight, the judiciary, executive, and legislative branches uphold their respective roles in governing the nation and protecting the rights of its citizens.
Article III also provides for the creation of inferior courts as needed. The Judiciary Act of 1789 was a significant milestone in the history of the U.S. judicial system, establishing the structure and jurisdiction of the federal judiciary. This Act resulted in the creation of the Supreme Court with six justices, thirteen district courts, and three circuit courts.
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The Supreme Court
The number of Supreme Court justices is not set by the Constitution, but by Congress. There have been as few as six justices, while the current number of nine has been in place since 1869. Federal judges are appointed by the President and confirmed by the Senate, and they hold their offices during "good behaviour," with no term limits. Their compensation cannot be diminished during their continuance in office.
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Inferior courts
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The judicial branch, alongside the legislative and executive branches, operates within a constitutional system of "checks and balances". This means that while each branch is formally independent of the other two, the Constitution often requires them to work together.
Article III created the Supreme Court and authorised Congress to pass laws establishing a system of lower courts, or "inferior courts". The Judiciary Act of 1789 was the first legislation related to the Federal Judiciary, creating thirteen judicial districts, each with one district judge. The Act also established three circuit courts, which were three-judge panels comprised of one district judge and two Supreme Court Justices.
The Constitution grants Congress the authority to decide whether lower federal courts should exist, and to structure, make procedural rules for, and regulate the jurisdiction of these inferior courts. Congress has abolished at least one federal court, the Commerce Court, in 1913.
The federal judiciary has continued to expand in the 20th and 21st centuries, with Congress creating additional district and appellate courts to address the volume of federal cases. Today, the federal judiciary includes 94 district courts, 12 regional Courts of Appeals, and the Supreme Court.
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Checks and balances
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The other two branches are the legislative and executive branches. The judicial branch, as established by Article III, consists of the Supreme Court of the United States, as well as lower courts created by Congress, known as "inferior courts".
The three branches of the federal government operate within a constitutional system of checks and balances. This system ensures that no single branch of government accumulates excessive power, thereby safeguarding the principles of democracy and the rule of law in the United States. The checks and balances system also upholds the separation of powers, a fundamental concept in the U.S. government that ensures no one branch of government overpowers another.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. This power of judicial review, while not explicitly granted, was established in the 1803 case of Marbury v. Madison. The Supreme Court exercises judicial review to provide checks and balances on the legislative and executive branches. For example, the Supreme Court can rule on whether a law violates the Constitution, which is a check on the legislative branch's power to pass laws.
The judicial branch also depends on the executive branch to enforce court decisions, demonstrating the collaboration and constitutional oversight required among the branches. The president, as the head of the executive branch, appoints federal judges with the advice and consent of the Senate, ensuring a balance of power between the branches.
Additionally, the legislative branch, through Congress, has significant discretion in determining the shape and structure of the federal judiciary. Congress can establish inferior courts and determine the number of Supreme Court justices. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate, which are parts of the legislative branch.
The checks and balances system between the judicial, executive, and legislative branches thus involves a complex interplay of powers and responsibilities, ensuring that each branch upholds its respective role in governing the nation and protecting the rights of citizens.
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Right to a fair trial
Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government. The other two are the legislative and executive branches. Article III guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of their peers. This is an essential safeguard for protecting the rights of citizens.
The judicial branch provides a framework for its interaction with the other two branches through a system of checks and balances. This ensures that no single branch accumulates excessive power and upholds the principles of democracy and the rule of law. The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws.
The Supreme Court, established by Article III, is the highest court in the United States. Congress also has the power to establish inferior courts as needed. These inferior courts include the U.S. district courts, which try most federal cases, and the U.S. courts of appeals, which review appealed district court cases.
The Fourth, Fifth, and Sixth Amendments to the Constitution provide additional protections for those accused of a crime, including the guarantee of due process of law and protection against double jeopardy. The right to a fair trial is a fundamental aspect of the U.S. judicial system, ensuring that justice is served and the rights of the accused are respected.
The structure and function of the judicial branch are designed to maintain a balanced government and ensure a fair system of justice. The judicial branch's role in interpreting the law and providing checks and balances on the other branches is crucial for upholding the rule of law and protecting citizens' rights, including the right to a fair trial.
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Frequently asked questions
Article III of the US Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws. It provides a framework for its interaction with the other two branches, the legislative and executive, through a system of checks and balances.
Article III, Section 1 vests the judicial power of the United States in "one supreme Court", as well as Congress-established "inferior courts". It also states that federal judges do not face term limits and their salaries may not be decreased. Section 2 gives the Supreme Court original jurisdiction when ambassadors, public officials, or the states are a party in the case. It also establishes that all federal crimes must be tried before a jury.

























