Jonah Patel
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments. Each of these governments has its own court system, with the federal judiciary established by Article III of the Constitution. Article III also establishes the Supreme Court and authorizes Congress to pass laws establishing a system of lower courts. The Supreme Court is the highest court in the US and has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The US Courts of Appeals sit below the Supreme Court, and the nation's district or trial courts sit below the Courts of Appeals.
| Characteristics | Values |
|---|---|
| The U.S. Constitution establishes | A federal system of government in which power is shared between the federal and state governments |
| The federal and state governments | Both have their own court systems |
| The three branches of government | Legislative, executive, and judicial |
| The judicial branch | Has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws |
| Judges | Depend on the executive branch to enforce court decisions |
| Courts | Provide a peaceful way to resolve private disputes |
| Federal laws | Passed by Congress and signed by the President |
| The U.S. Supreme Court | The highest court in the United States |
| The Supreme Court | Has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors |
| The Supreme Court | Has appellate jurisdiction on cases involving constitutional or federal law |
| The Supreme Court | Has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution |
| The Supreme Court | Established in the Judiciary Act of 1789 with six justices |
| The Supreme Court | Has one Chief Justice and eight Associate Justices |
| The U.S. court system | Consists of 13 appellate courts or courts of appeals, 94 district or trial courts, and 90 bankruptcy courts |
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What You'll Learn
- The US Constitution establishes the federal judiciary
- The Supreme Court has original jurisdiction over certain cases
- The Supreme Court has appellate jurisdiction over almost any other case
- The Supreme Court has the power of judicial review
- Federal courts are available for those deprived of federal constitutional rights
The US Constitution establishes the federal judiciary
Article III of the US Constitution establishes the federal judiciary. Article III, Section I 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."
The Constitution thus establishes the Supreme Court, but it also gives Congress the power to decide how to organise it. This power was first exercised 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 to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law).
Article III, Section II of the Constitution establishes the jurisdiction (legal ability to hear a case) 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. It has appellate jurisdiction (the ability to hear a case on appeal) on almost any other case that involves a point of constitutional and/or federal law.
The Supreme Court is the highest court in the United States and plays a crucial role in the constitutional system of government. It has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803. The Court also has the authority to strike down state laws found to be in violation of the Constitution.
The federal judiciary operates within a constitutional system of checks and balances, where each branch (legislative, executive, and judicial) is formally separate but must often cooperate. Federal laws, for example, are passed by Congress and signed by the President, but judges depend on the executive branch to enforce court decisions.
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The Supreme Court has original jurisdiction over certain cases
Article III, Section I of the US Constitution establishes the federal judiciary, with the judicial power of the United States vested in a single Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish". Article III, Section II establishes the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases.
The Supreme Court has original jurisdiction over cases affecting ambassadors, other public ministers, and consuls, and those in which a state is a party. This means that a party may commence litigation in the Supreme Court, rather than reaching the high court on appeal from a state court or an inferior federal court. The Supreme Court has original jurisdiction over suits between two or more states, and cases involving ambassadors and other public ministers.
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, in the case of Marbury v. Madison (1803), the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. The Court held that an Act of Congress that is contrary to the Constitution could not stand, as the Constitution is the supreme law of the land.
The Supreme Court's original jurisdiction is not necessarily exclusive. In some cases, Congress has granted lower federal courts concurrent jurisdiction, meaning cases subject to original Supreme Court jurisdiction may be filed directly in the Supreme Court or in one of the lower federal courts. The Supreme Court's original jurisdiction flows directly from the Constitution and is, therefore, self-executing without further action by Congress.
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The Supreme Court has appellate jurisdiction over almost any other case
The Supreme Court is the highest court in the United States. It was established by Article III of the US Constitution, which also authorised Congress to pass laws establishing a system of lower courts.
Article III, Section II of the Constitution establishes the Supreme Court's jurisdiction, or legal ability to hear a case. The Court has original jurisdiction over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers.
However, the Supreme Court also has appellate jurisdiction over almost any other case that involves a point of constitutional and/or federal law. This means that the Court can hear the case on appeal. 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).
When exercising its appellate jurisdiction, the Court does not have to hear a case, except in a few situations. The Certiorari Act of 1925 gives the Court the discretion to decide whether or not to do so.
The Supreme Court's decisions have a profound impact on society at large, not just on lawyers and judges. 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. This had a significant impact on high school students' First Amendment rights.
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The Supreme Court has the power of judicial review
The Supreme Court is the highest court in the United States. It was established by Article III, Section I 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."
Congress first organised the Supreme Court through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction over cases involving constitutional or federal law, such as those involving treaties or ships on the high seas.
One of the most well-known powers of the Supreme Court is judicial review, which is the ability of the Court to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the text of the Constitution but has been inferred from its structure, provisions, and history. The Supreme Court's authority to perform judicial review was confirmed in the landmark case of Marbury v. Madison in 1803, where the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land.
Through its power of judicial review, the Supreme Court ensures that each branch of the government recognises its own limits and protects civil rights and liberties by striking down laws that violate the Constitution. The Court has held 483 laws as unconstitutional in whole or in part between 1960 and 2019.
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Federal courts are available for those deprived of federal constitutional rights
The United States Constitution establishes the federal judiciary in Article III, Section I, which 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 section of the Constitution created the Supreme Court and gave Congress the authority to establish a system of lower federal courts. While the Supreme Court is the highest court in the United States, with the power of judicial review, it is important to note that most cases are handled by state courts. Federal courts are available for those who believe they have been deprived of their federal constitutional rights or have other kinds of claims.
The federal court system in the United States consists of three levels: trial courts, courts of appeals, and the Supreme Court. There are 94 district or trial courts, also known as U.S. district courts, that resolve disputes by determining the facts and applying the law to those facts. Above them are the 13 appellate courts or U.S. courts of appeals, which determine whether the law was correctly applied in the lower courts or federal administrative agencies. At the top of the federal court system is the Supreme Court, which consists of nine justices: one Chief Justice and eight Associate Justices. The Supreme Court has original jurisdiction in certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction, allowing it to hear appeals on cases involving constitutional or federal law.
Throughout history, federal courts have played a significant role in protecting individuals from discrimination and ensuring their constitutional rights. However, it is important to note that the rules governing access to federal courts can be complex and technical.
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Frequently asked questions
The US Supreme Court is the highest court in the country.
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 US Constitution establishes a federal system of government, with power shared between the federal government and state governments. Both have their own court systems. There are 13 appellate courts below the Supreme Court, and 94 district courts.
Article III of the US Constitution establishes the Supreme Court and authorises Congress to pass laws establishing a system of lower courts.
The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors. It has appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
