Simone Lawson
The U.S. Constitution, in Article III, establishes the federal judiciary, guaranteeing a Supreme Court and outlining its jurisdiction. This article also grants Congress the power to establish inferior courts and shape the federal judiciary. The Constitution ensures the independence of the judiciary from the executive and legislative branches, with judges appointed for life and protected from political pressure. It guarantees fair trials, outlining that all accused have the right to a trial before an impartial judge and jury. The Supreme Court's role in judicial review is critical, ensuring each branch of government recognizes its limits and protecting civil rights by striking down unconstitutional laws. The Court is the final arbiter on matters of federal law, resolving disputes and interpreting the Constitution as the supreme law of the land.
| Characteristics | Values |
|---|---|
| Judges of the Supreme Court and inferior Courts hold their offices during good behaviour | Lifetime tenure |
| Judges receive compensation for their services at stated times | Compensation |
| The judicial power of the United States is vested in one Supreme Court | Supreme Court |
| Congress may establish inferior courts | Inferior Courts |
| Jurisdiction of the Supreme Court | Jurisdiction |
| Judicial review | Judicial Review |
| Supreme Court has final say over when a right is protected by the Constitution | Constitutional Rights |
| Supreme Court is the court of last resort | Court of Last Resort |
| Independence of judges | Independence |
| Checks and balances | Checks and Balances |
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What You'll Learn
Judicial independence
The US Constitution establishes a system of checks and balances, with three separate branches of government: the legislative, the executive, and the judicial. Each branch has its own distinct roles and powers, and they are designed to work together while also keeping each other in check.
The Constitution, in Article III, establishes the judiciary and guarantees its independence. This article 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." This means that the Supreme Court is separate from the other two branches, and its powers are not dependent on them. The Supreme Court is the highest court in the land and acts as a court of last resort for those seeking justice.
The independence of the judiciary is further protected by the guarantee of lifetime tenure for federal judges. Article III, Section I states that judges "shall hold their Offices during good Behaviour". This means that judges cannot be removed from their positions easily, and their salaries cannot be diminished during their continuance in office. The principle of judicial independence is thus maintained, as judges are protected from external pressures and can make rulings based on the law without fear of reprisal.
However, there are critics of lifetime tenure who argue that it can lead to judges staying in their positions longer than they should, potentially becoming out of touch with modern times. These critics suggest fixed terms for judges, which could ensure that judges remain effective and impartial throughout their tenure. Nevertheless, the current system of lifetime tenure for judges remains in place, and it plays a crucial role in upholding the independence of the judiciary in the United States.
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Separation of powers
The US Constitution establishes three separate but equal branches of government: the legislative branch (which makes the law), the executive branch (which enforces the law), and the judicial branch (which interprets the law). The purpose of this separation of powers is to prevent any one branch of the government from becoming too powerful and to create a system of checks and balances.
The legislative branch is responsible for all lawmaking in the United States, and legislative power is divided between the Senate and the House of Representatives. The Constitution limits Congress's powers by stating that it may have "all legislative powers," but only those "herein granted." Congress's powers also act as checks on the executive branch. For example, members of Congress must vote on the President's nomination of a candidate for the Supreme Court.
The executive power is vested in the President, who becomes the Commander-in-Chief of the Army and Navy and has the power to make treaties and appointments to office with the advice and consent of the Senate. The President also has the power to take care that the laws be faithfully executed.
The judicial power is vested in the Supreme Court and inferior courts established by Congress. The judges are appointed by the President with the advice and consent of the Senate and receive compensation that may not be diminished during their continuance in office. The judicial branch acts as a check on the other two branches by interpreting the Constitution and determining whether a federal law conflicts with it.
The separation of powers is not just a theoretical concept but has been tested and upheld in various court cases. For example, in Immigration and Naturalization Service v. Chadha (1983), the Supreme Court decided that the legislative power of the Federal Government should be exercised following a single, finely wrought, and exhaustively considered procedure. In Clinton v. City of New York (1998), the Supreme Court held that Congress could not delegate a "line-item veto" to the President. These cases demonstrate how the separation of powers is guaranteed and upheld by the courts.
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Jurisdiction
The Constitution guarantees the existence of a Supreme Court and a federal judiciary, separate from the President and the legislature (Congress). The judiciary's independence is protected by the tenure of judges, who are appointed by the President and confirmed by the Senate, and typically hold office for life.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, which has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors. The Court also has appellate jurisdiction, which allows it to hear cases on appeal that involve constitutional or federal law, including cases where the United States is a party, and those involving treaties.
The Judiciary Act of 1789, enacted by Congress, established a Federal court system and addressed questions surrounding the jurisdiction of the courts. Congress decided that it could regulate the jurisdiction of all Federal courts, and in doing so, gave the Supreme Court original jurisdiction in some cases and restricted the jurisdiction of the district and circuit courts. The Act also gave the Supreme Court original jurisdiction to issue writs of mandamus, compelling government officials to act in accordance with the law.
The Certiorari Act of 1925 gave the Supreme Court the discretion to decide whether to hear a case on appeal. The Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The jurisdiction of inferior federal courts is subject to congressional prescription, and Congress has the power to regulate the modes and practices of these courts.
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Judicial tenure
Article III of the US Constitution establishes the federal judiciary and governs the appointment, tenure, and payment of Supreme Court justices, as well as federal circuit and district judges. These judges, often referred to as "Article III judges," are nominated by the President and confirmed by the US Senate.
Article III states that these judges "hold their office during good behaviour," which means they have a lifetime appointment, except under very limited circumstances. This guarantee of lifetime tenure is intended to protect the independence of the judiciary from political branches of government. It ensures that judges can make rulings without worrying about re-election or removal by powerful figures or popular opinion.
However, there are critics of lifetime tenure who argue that it can lead to judges staying in their positions longer than they should, potentially affecting their ability to do their job effectively due to age or being out of touch with modern times. These critics suggest that fixed terms, without the possibility of re-appointment, could address this issue while still maintaining judicial independence.
It is important to note that Article III judges can be removed from office through impeachment by the House of Representatives and conviction by the Senate. Additionally, judges must meet certain age and service requirements to be eligible for senior status, and their salaries cannot be reduced during their term of office.
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Checks and balances
The US Constitution establishes a system of checks and balances to ensure that no one branch of government becomes too powerful. The three branches of government—the legislative, executive, and judicial—are formally separate from each other but must often cooperate. For example, federal laws are passed by Congress and signed by the President, but the judicial branch can decide on the constitutionality of those laws.
The Constitution establishes the Supreme Court and gives Congress the power to organise it and establish inferior courts. The Supreme Court 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. The Court can also exercise 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 (1803), where the Court decided that an Act of Congress was not the supreme law of the land.
The independence of the judiciary is protected by lifetime tenure for judges, who are appointed by the President and confirmed by the Senate. However, critics argue that lifetime tenure can cause judges to stay in their positions longer than they should, and that fixed terms might be preferable. Nevertheless, the Supreme Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated, and it plays a crucial role in maintaining the balance of power between the branches of government.
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Frequently asked questions
Article III of the US Constitution guarantees that every person accused of wrongdoing has the right to a fair trial before a competent judge and a jury of one's peers. This is to ensure that the judiciary remains independent of the other branches of government and can act as a check on their power.
The Supreme Court is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution. It plays a crucial role in interpreting the Constitution and ensuring that the other branches of government respect its limits. The Supreme Court also has the power to strike down laws that violate the Constitution, protecting civil rights and liberties.
The principle of judicial independence is enshrined in Article III of the Constitution. Lifetime tenure for judges helps to maintain this independence by insulating them from political pressure and ensuring that they are not influenced by the need to seek re-election or reappointment. However, some critics argue that lifetime tenure can cause judges to stay in their positions longer than they should and that fixed terms could help address this issue.
