Cameron Miranda
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch, headed by the Supreme Court, holds trials and decides cases under the law. While the judicial branch does not make laws, it plays a crucial role in interpreting the law, determining its constitutionality, and applying it to individual cases. The Supreme Court's power of judicial review allows it to strike down state laws that violate the Constitution and its amendments, ensuring that each branch of government recognizes its power limits. This power of judicial review was established in the case of Marbury v. Madison in 1803, where the Court decided that an Act of Congress contrary to the Constitution could not stand.
| Characteristics | Values |
|---|---|
| Number of Supreme Court Justices | Set by Congress; currently nine Justices, including one Chief Justice |
| Jurisdiction of federal courts | Generally determined by Congress, but the Supreme Court has original jurisdiction in some cases, such as disputes between two or more U.S. states |
| Federal judges' removal | Through impeachment by the House of Representatives and conviction in the Senate |
| Judges' term | No fixed term; they serve until death, retirement, or conviction by the Senate |
| Powers | Interpret the law, determine the constitutionality of the law, and apply it to individual cases |
| Law enforcement | Involves searching, seizing, and arresting with a warrant from a court; the Fourth Amendment requires probable cause for warrants |
| Supreme Court's role | Holds trials and decides cases under the laws; hears appeals from state courts and lower federal courts |
| Supreme Court's power | Judicial review, i.e., the ability to declare a Legislative or Executive act in violation of the Constitution and strike down state laws that violate the Constitution |
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What You'll Learn
- The Supreme Court can strike down laws that violate the Constitution
- The Supreme Court can hear appeals from state courts and lower federal courts
- Congress determines the jurisdiction of federal courts
- Federal judges can only be removed through impeachment
- The Supreme Court has original jurisdiction over certain cases
The Supreme Court can strike down laws that violate the Constitution
The Supreme Court is the highest court in the United States, and it is the only part of the federal judiciary that is specifically required by the Constitution. The Constitution grants Congress the power to establish courts inferior to the Supreme Court, such as the United States district courts and 13 United States courts of appeals. The Supreme Court has original jurisdiction in certain cases, such as disputes between two or more U.S. states, and this authority cannot be stripped by Congress.
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. This power was established in the 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. Since Article VI of the Constitution establishes the Constitution as the supreme law, the Court held that an Act of Congress that goes against the Constitution cannot stand.
The Supreme Court's decisions have a significant impact on society, and it plays a crucial role in ensuring that each branch of government recognizes its limits. It protects civil rights and liberties by striking down laws that violate the Constitution. For example, in 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, stating that "students do not shed their rights at the schoolhouse gate."
The Supreme Court consists of nine Justices, including one Chief Justice and eight Associate Justices. All Justices are nominated by the President, confirmed by the Senate, and hold their offices for life.
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The Supreme Court can hear appeals from state courts and lower federal courts
The US Constitution divides the federal government into three branches: the executive, legislative, and judicial. The judicial branch is established by Article III of the Constitution, which leaves Congress with significant discretion to determine its shape and structure. The Constitution also grants Congress the power to establish courts inferior to the Supreme Court.
The Supreme Court is the highest court in the US and is the only part of the federal judiciary specifically required by the Constitution. The Supreme Court can hear appeals from both state and lower federal courts. However, it does not have jurisdiction to hear every appeal. The Supreme Court will only hear an appeal if the case was originally brought in the federal court system or if there is a question of federal law affecting the outcome of a state court action.
If a case was originally tried in a federal district court, the first step in the appeals process is to file an appeal with the Ninth Circuit Court of Appeals. Parties can then appeal directly from the Ninth Circuit to the US Supreme Court. If a case was originally tried in a state court, the first step in the appeals process is to appeal the ruling in the state's Court of Appeals. An appealing party will generally have to go through a series of other appeals courts before the Supreme Court will consider hearing an appeal.
The Supreme Court has interpreted its jurisdiction this way to avoid issuing advisory opinions in violation of a separate jurisdictional bar. In other words, to avoid giving judicial guidance when an actual case is not at stake. The Supreme Court has discretion over which cases it chooses to hear and does not always provide explanations for its decisions. However, it will generally get involved in cases where it disagrees with the results of a lower court or where it believes it can bring clarity to unclear laws.
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Congress determines the jurisdiction of federal courts
The U.S. Constitution divides the federal government into three branches: the executive, legislative, and judicial. The legislative branch, or Congress, is responsible for determining the jurisdiction of federal courts. This includes establishing courts inferior to the Supreme Court, such as the United States district courts and courts of appeals. Congress also has the power to determine the structure and shape of the federal judiciary, including the number of Supreme Court Justices.
While Congress plays a significant role in shaping the federal judiciary, it is important to note that the courts themselves also have powers. For example, federal courts have the sole power to interpret the law, determine its constitutionality, and apply it to individual cases. This interpretation sets a precedent for inferior courts, which must apply the Supreme Court's interpretation when dealing with similar facts. Federal courts also have the power to compel the production of evidence and testimony through the use of a subpoena, just as Congress does.
The Constitution grants Congress the authority to establish the jurisdiction of federal courts, with some exceptions. For example, in disputes between two or more U.S. states, the Supreme Court is granted original jurisdiction that cannot be stripped by Congress. Additionally, cases that are entirely based on state law may be brought to federal court under the court's "diversity jurisdiction," which allows plaintiffs from one state to file a lawsuit in federal court when the defendant is from another state.
Congress's power to determine the jurisdiction of federal courts is further evidenced by historical acts such as the Judiciary Act of 1789, which included provisions relating to the times and places for holding court, even for the Supreme Court. Congress has also enacted laws to curb the power of the courts to enjoin governmental and private action, especially regarding taxation at the federal or state level. This balance of powers between Congress and the federal courts ensures that no single branch of government holds too much power.
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Federal judges can only be removed through impeachment
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch is established by Article III of the Constitution, which leaves Congress with significant discretion to determine the shape and structure of the federal judiciary. Federal judges are appointed to life terms and can only be removed through impeachment by the House of Representatives and conviction in the Senate. This is a rare occurrence, with only 15 judges impeached by the House of Representatives since 1803, an average of one every 14 years.
The impeachment process is a mechanism for the political branches of government, usually the legislature, to remove judges from office. The House of Representatives has the power to impeach, and the Senate holds a trial to determine whether removal is appropriate. A simple majority vote in the House is required for impeachment, while a two-thirds majority vote in the Senate is necessary for conviction and removal.
Impeachment of federal judges is generally limited to cases of serious ethical or criminal misconduct, such as perjury, fraud, or conflicts of interest. For example, in 2009, the House impeached U.S. District Court Judge Samuel B. Kent on charges of sexual assault, obstructing an official proceeding, and making false statements. In another instance, Judge Robert Wodrow Archbald was impeached and removed from office for improper business relationships with litigants.
The impeachment power lies primarily with politicians, and while it is rarely used to remove judges for partisan reasons, there have been calls for this in recent years. For instance, in 2025, President Trump stated that a federal judge who ruled against his administration's deportation plans should be impeached. However, Chief Justice John Roberts responded, emphasizing that impeachment is not a suitable response to disagreement with judicial decisions, as it would undermine judicial independence.
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The Supreme Court has original jurisdiction over certain cases
The Supreme Court of the United States is the highest court in the country and is the only part of the federal judiciary specifically required by the Constitution. The Constitution grants the Supreme Court original jurisdiction in a small class of cases described in Article III, Section 2. This means that the Supreme Court has the authority to hear and decide on certain cases for the first time, without any prior review by a lower court.
The types of cases over which the Supreme Court has original jurisdiction include those affecting ambassadors, other public ministers and consuls, and those in which a state is a party. For example, in United States v. Shipp (1906), a criminal complaint was filed directly with the Supreme Court, marking the first and only time in its history that the court exercised original jurisdiction over a criminal case. In addition, the Supreme Court has original and exclusive jurisdiction over controversies between two or more states, as outlined in Section 1251(a).
It is important to note that the Supreme Court's original jurisdiction is not always exclusive. In some instances, Congress has granted lower federal courts concurrent jurisdiction, allowing cases subject to the Supreme Court's original jurisdiction to be filed in either the Supreme Court or a lower federal court.
The Supreme Court's authority to exercise original jurisdiction is derived directly from the Constitution and is, therefore, self-executing without the need for further action by Congress. This was affirmed in Chisholm v. Georgia, where the Court found that its jurisdiction was self-executing and did not require additional congressional action.
While the Supreme Court has original jurisdiction in certain cases, it primarily hears appeals from lower courts, including federal district courts, federal courts of appeal, and state courts.
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Frequently asked questions
The judicial branch is one of the three branches of the US government, the other two being the legislative and executive branches. The judicial branch is headed by the Supreme Court, which has the power to hold trials and decide cases under the laws.
The judicial branch does not have the power to change laws. However, under its power of judicial review, the Supreme Court can strike down state laws that violate the Constitution and its amendments.
The judicial branch holds trials and decides cases under the laws. The Supreme Court plays an important role in the constitutional system of government. It is the court of last resort for those seeking justice. It also ensures that each branch of the government recognizes the limits of its power.
The federal judiciary is structured with the Supreme Court at the top, followed by the US district courts and 13 US courts of appeals. The number of Supreme Court justices is set by Congress, and there are currently nine justices, including one Chief Justice.
The legislative branch, or Congress, makes the nation's laws, and the executive branch, headed by the President, enforces them.
