Keith Mack
The U.S. Constitution is the nation's fundamental law, establishing the core values of its people. It outlines the three branches of government: legislative, executive, and judicial, which operate within a system of checks and balances. The Constitution establishes the judiciary in Article III, Section I, 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. The Supreme Court, the highest court in the land, plays a crucial role in interpreting the Constitution and ensuring justice is served. The number of justices on the Supreme Court has varied over time, but today it consists of one Chief Justice and eight Associate Justices. The Constitution also grants Congress the power to propose amendments, which are subject to ratification by state legislatures or conventions. These amendments ensure that core principles, such as freedom of religion, speech, equal treatment, and due process, are protected.
| Characteristics | Values |
|---|---|
| Number of justices | 9 (1 Chief Justice and 8 Associate Justices) |
| Jurisdiction | Original and appellate |
| Powers | Civil and criminal contempt, injunctive relief, habeas corpus remedy, imprisonment for contumacy, bad-faith litigation, and failure to obey a writ of mandamus |
| Tenure | For life |
| Role | Interpreting the Constitution, ruling on Constitutional rights, and enforcing Constitutional provisions |
| Equality | All persons, institutions, and entities are accountable and equal before the law |
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What You'll Learn
The US Constitution is the nation's fundamental law
Article III of the Constitution establishes the federal judiciary, with the Supreme Court at its apex. The Supreme Court is the highest court in the land, tasked with interpreting the Constitution and ensuring that government actions align with its principles. It has original jurisdiction over specific cases, such as disputes between states or cases involving ambassadors, and appellate jurisdiction over a broad range of constitutional and federal law matters.
The number of justices on the Supreme Court has varied over time, from a low of five to a high of ten. Today, the Court consists of one Chief Justice and eight Associate Justices, holding office for life. Their salaries cannot be decreased during their term, safeguarding the judiciary's independence from political influence.
The Constitution's interpretation and application are not limited to the Supreme Court. Federal courts play a crucial role in ensuring that the legislative and executive branches of the government adhere to the Constitution. This system of checks and balances is a cornerstone of American democracy, where certain fundamental principles, such as freedom of religion, speech, equal treatment, and due process, are protected from interference by a simple majority.
The US Constitution has also influenced governance worldwide. Its principles of the rule of law, separation of powers, and recognition of individual rights have been reflected in other nations' constitutions, showcasing the enduring impact of America's foundational charter on democratic ideals globally.
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The Supreme Court has original and appellate jurisdiction
The Supreme Court of the United States is the highest court in the country and the court of last resort for those seeking justice. The Court's original jurisdiction is derived directly from the Constitution, specifically Article III, Section II, which outlines the Court's legal ability to hear a case. This jurisdiction is self-executing, meaning it does not require further action by Congress to be enacted. However, in certain cases, Congress has granted lower federal courts concurrent jurisdiction, allowing cases within the Supreme Court's original jurisdiction to be filed in lower courts.
The Supreme Court's original jurisdiction covers specific cases, such as suits between two or more states, cases involving ambassadors or other public ministers, and issuing writs of mandamus (compelling government officials to act in accordance with the law). The Court has the authority to exercise its original jurisdiction without the need for further authorisation from Congress. This was affirmed by Chief Justice Roger Taney in 1861, who stated that the Court has the power to regulate its processes and procedures in such cases.
The Court's appellate jurisdiction, on the other hand, allows it to hear cases on appeal that involve points of constitutional or federal law. These cases can include those in which the United States is a party, cases involving treaties, and admiralty cases involving ships on the high seas or navigable waterways. The Supreme Court has the final say on whether a Constitutional right has been violated and can strike down state laws found to be in violation of the Constitution.
The Supreme Court's term typically begins on the first Monday in October and continues until the Sunday before the first Monday in October of the following year. The Court hears oral arguments from October through April, with each case allotted an hour for arguments. During each two-week session, oral arguments are heard on Mondays, Tuesdays, and Wednesdays, and they are open to the public. To accept a case for review, four of the nine Justices must vote in favour, and five Justices must vote to grant a stay.
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Congress decides the organisation of the Supreme Court
The US Constitution establishes the Supreme Court, but it is Congress that decides how to organise it. Article III, Section I of the Constitution 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."
Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices. The Act also established the lower federal court system.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine—one Chief Justice and eight Associate Justices.
The Supreme Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states and/or cases involving ambassadors and other public ministers. The Court also has appellate jurisdiction (the Court can hear the case on appeal) on almost any other case that involves a point of constitutional and/or federal law. For example, 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).
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The UK has three separate legal systems
The United Kingdom is made up of three distinct legal jurisdictions: England and Wales, Scotland, and Northern Ireland. Each of these jurisdictions has its own legal system, with unique histories and origins.
England and Wales share a unified legal system, with Wales having some autonomy in passing primary legislation under the Government of Wales Act 2006. However, any legislation passed by the Welsh Parliament (Senedd) must adhere to specific subjects outlined in the Act or other British Parliament legislation. Scotland has maintained a distinct legal system from English law, even after becoming part of the UK over 300 years ago. The Scottish legal system stands out for having three possible verdicts in a criminal trial: "guilty", "not guilty", and "not proven", with the latter two resulting in acquittal. Northern Ireland, though part of the UK and sharing Westminster as its primary legislature, also operates as a separate legal jurisdiction.
The UK's highest civil appeal court, the Supreme Court of the United Kingdom, has jurisdiction over all three legal systems. This court's decisions are binding on all three UK jurisdictions, as seen in cases like Donoghue v Stevenson, which forms the basis of the UK's law of negligence.
While the UK does not have a written constitution like most other countries, its constitution can be found in the statutes passed by Parliament and in the common law developed over the centuries through court decisions. This lack of a written constitution is partly due to the evolution of political and legal institutions in the UK since 1066.
In contrast, the United States is known for its well-established written constitution. Article III of the US Constitution establishes the federal judiciary and specifically addresses the jurisdiction of the Supreme Court, which consists of one Chief Justice and eight Associate Justices. The US Supreme Court plays a crucial role in interpreting and safeguarding the Constitution, including striking down state laws that violate it.
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The UK does not have a written constitution
The UK's constitution differs from many other countries in that its core aspects are not contained in a single legal source. Instead of a written constitution, the UK has an unwritten one, which is a collection of laws, conventions, and traditions that have developed over time. This uncodified nature of the constitution means there is no entrenched source of constitutional law. However, this does not mean that the UK does not have a constitution at all.
The UK's constitution is spread across various sources, including specific Acts of Parliament, constitutional conventions, and judicial decisions. While the UK did not experience a revolution or political rupture when written constitutions were at their most popular, its constitution has evolved over centuries, starting with the Magna Carta in 1215 and continuing through the development of common law and parliamentary sovereignty. The flexibility and adaptability of the UK's system of government are better suited to an unwritten constitution.
Despite lacking a single constitutional document, the UK has several widely recognized constitutional principles and documents, such as the Bill of Rights 1689, the Act of Settlement 1701, the Human Rights Act 1998, and the principle of parliamentary sovereignty. These sources provide a framework for the UK's system of government and protect fundamental rights and freedoms.
In practice, the institutions of the state perform the functions of the UK constitution. Parliament, with its two chambers, the House of Commons and the House of Lords, sits at the apex of power. The central justification for parliamentary sovereignty is its democratic nature, although it was only with the Representation of the People (Equal Franchise) Act 1928 that Parliament could be considered truly democratic in a modern sense.
In summary, while the UK does not have a written constitution like many other countries, it does have a constitution that is dispersed across various sources and has evolved over time. This unwritten constitution provides a framework for the UK's system of government and protects fundamental rights, demonstrating that a written constitution is not always necessary for a functioning democratic society.
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Frequently asked questions
The U.S. Constitution is the nation's fundamental law and establishes the federal judiciary. It outlines the core values of the people and is the Supreme Law of the Land. The number of laws within the Constitution is not fixed, as it consists of Articles, Amendments, and Sections, which are further divided into Clauses and Sub-clauses.
There are nine justices in the Supreme Court: one Chief Justice and eight Associate Justices.
The Supreme Court is the highest court in the land and has original and appellate jurisdiction. It interprets the Constitution and can strike down laws that conflict with it. The Court also has the final say on Constitutional rights and their violations.
Justices typically hold office for life, and their salaries cannot be decreased during their term. These protections ensure the independence of the judiciary from political branches.
The Constitution contains various laws, including those related to the organization of Congress, the election of Senators and Representatives, the process of impeachment, and the rights outlined in the Bill of Rights, such as freedom of religion, speech, equal treatment, and due process.
