The US Constitution's Article III establishes the Judicial Branch, which interprets laws and decides what they mean. Justice Sonia Sotomayor, in Article 3, judicial branch, said, We apply laws to facts, we do not apply feelings to facts. The Judicial Branch is headed by the Supreme Court, which ensures that laws follow the Constitution. Federal judges are appointed for life, serving until their death, retirement, or conviction by the Senate, allowing them to make decisions with only justice in mind, free from political concerns. The Supreme Court interprets the law, determines its constitutionality, and applies it to individual cases.
Characteristics | Values |
---|---|
Who said the quote | Justice Sonia Sotomayor |
Which article is it from | Article 3 |
Which branch is it from | Judicial branch |
What You'll Learn
The role of the Judicial Branch
The Judicial Branch of the US government, established by Article III of the Constitution, is responsible for interpreting laws and deciding what they mean. It is comprised of the Supreme Court and "inferior" courts, such as the district and appellate courts. The Supreme Court is the highest court in the land and is the only part of the federal judiciary that is specifically mandated by the Constitution.
The Judicial Branch is unique in that its members are appointed by the President and confirmed by the Senate, rather than being elected by the people. This is intended to insulate them from the temporary passions of the public and allow them to apply the law with only justice in mind, free from electoral or political concerns. Federal judges can only be removed through impeachment by the House of Representatives and conviction in the Senate. They serve until their death, retirement, or conviction, with no fixed term.
The Supreme Court's caseload is almost entirely appellate in nature, and its decisions cannot be appealed to any authority. The Court interprets the meaning of a law, decides whether a law is relevant to a particular set of facts, or rules on how a law should be applied. Lower courts are bound to follow the precedent set by the Supreme Court when rendering their own decisions.
The Judicial Branch also has original jurisdiction over certain types of cases, including those involving ambassadors and other diplomats, and cases between states. In these instances, the Supreme Court has the authority to hear the case first, rather than it being appealed from a lower court.
The Judicial Branch plays a crucial role in ensuring fair trials and upholding the rights of those accused of wrongdoing. Article III of the Constitution guarantees the right to a fair trial before a competent judge and a jury of one's peers. This is further strengthened by additional protections provided by the Fourth, Fifth, Sixth, and Eighth Amendments to the Constitution, including the right to a speedy trial, the right to legal representation, and protection from excessive bail and cruel and unusual punishments.
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The right to a fair trial
A fair trial is one that is held within a reasonable time frame, is public, and is heard by an independent and impartial decision-maker or tribunal. The accused has the right to be presumed innocent until proven guilty, to be informed promptly of the nature and cause of the accusation, and to have adequate time and facilities to prepare their defence. They also have the right to legal representation and interpretation, if needed, and to access all relevant information.
The power of the state to prosecute and punish individuals must be exercised with restraint and with safeguards in place to protect the rights of the accused throughout the criminal process. This includes treating those suspected of a crime with dignity and compassion and ensuring that they are not defined by their conviction if found guilty.
Furthermore, new criminal laws can only apply to future actions and not retrospectively. If a law is repealed or overturned, previous convictions must be redressed.
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The Supreme Court's role
The Supreme Court is the highest court in the United States and the only part of the federal judiciary specifically required by the Constitution. It is comprised of nine Justices, including one Chief Justice and eight Associate Justices. This number has been in place since 1869, although the Constitution does not stipulate the number of Justices, leaving it to be set by Congress.
The Justices are nominated by the President, confirmed by the Senate, and hold their offices under life tenure. They are insulated from political pressure when deciding cases as they do not have to run or campaign for re-election. Justices may remain in office until they resign, pass away, or are impeached and convicted by Congress.
The Supreme Court's decisions cannot be appealed to any authority, as it is the final judicial arbiter in the United States on matters of federal law. However, the Court may consider appeals from the highest state courts or federal appellate courts. The Court will usually only hear a case if four of the nine Justices agree that they should, granting a writ of certiorari.
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Congress's power
Article I of the Constitution outlines the powers of Congress, which include:
- The power to make laws: A bill becomes a law after it has been approved by both the House of Representatives and the Senate.
- The power to declare war, coin money, raise an army and navy, regulate commerce, establish rules of immigration and naturalization, and establish federal courts and their jurisdictions.
- The power to lay and collect taxes, duties, imposts, and excises to pay off debts and provide for the common defence and general welfare of the United States.
- The power to borrow money on the credit of the United States.
- The power to regulate commerce with foreign nations, states, and Native American tribes.
- The power to establish a uniform rule of naturalization and uniform laws on the subject of bankruptcies throughout the United States.
- The power to coin money, regulate its value, and fix the standard of weights and measures.
- The power to provide for the punishment of counterfeiting of securities and current coin of the United States.
- The power to establish post offices and post roads.
- The power to promote the progress of science and useful arts by securing exclusive rights to authors and inventors for their respective writings and discoveries.
- The power to constitute tribunals inferior to the Supreme Court.
- The power to define and punish piracies and felonies committed on the high seas, and offenses against the law of nations.
- The power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water.
- The power to raise and support armies, but no appropriation of money for this use shall be for longer than two years.
- The power to provide and maintain a navy.
- The power to make rules for the government and regulation of land and naval forces.
- The power to call forth the militia to execute the laws of the union, suppress insurrections, and repel invasions.
- The power to organise, arm, and discipline the militia, and govern any part of them employed in the service of the United States.
- The power to exercise exclusive legislation in all cases over the District that is the seat of the US government, and over places purchased by the consent of the legislature of the state for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.
- The power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the US government, or in any department or officer thereof.
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The legislative branch
Article I of the US Constitution outlines the role of the legislative branch, which is responsible for making laws. This branch is made up of the Senate and the House of Representatives, with each state having two Senators and a number of Representatives proportional to its population.
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Frequently asked questions
Justice Sonia Sotomayor said this, as quoted in Article 3, which is part of the judicial branch.
The judicial branch is established by Article III of the Constitution and includes the Supreme Court and inferior courts. It interprets laws and decides what they mean.
The Supreme Court is the highest court in the land and is the only part of the federal judiciary specifically required by the Constitution. It hears comparatively few cases each year and is the final judicial arbiter in the United States on matters of federal law.
The judicial branch interprets the law, determines the constitutionality of the law, and applies it to individual cases. It is insulated from temporary passions and politics, allowing judges to apply the law with only justice in mind.