Cecily Zamora
The Supreme Court of the United States (SCOTUS) was created by the Constitutional Convention of 1787 as the highest court in the federal judiciary of the United States. Article III, Section I of the US Constitution establishes the federal judiciary and 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 was formally established by Congress in 1789 through the Judiciary Act, which created a Supreme Court with six justices and established the lower federal court system.
| Characteristics | Values |
|---|---|
| Established by | Constitutional Convention of 1787 |
| Formally established by | Judiciary Act of 1789 |
| Number of justices | Six |
| Jurisdiction | Legal ability to hear cases involving suits between two or more states, cases involving ambassadors and other public ministers, and almost any other case that involves a point of constitutional and/or federal law |
| Original jurisdiction | Cases affecting ambassadors, other public ministers and consuls, and those in which a state is a party |
| Appellate jurisdiction | All U.S. federal court cases, and state court cases that turn on questions of U.S. constitutional or federal law |
| Power | Ability to invalidate a statute for violating a provision of the Constitution, and to strike down presidential directives for violating either the Constitution or statutory law |
| Current composition | One Chief Justice and eight Associate Justices |
| Binding decision | Opinion that more than half of the justices join (usually at least five justices) |
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What You'll Learn
The Judiciary Act of 1789
The Supreme Court's original jurisdiction is outlined in 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." While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organize it. The Judiciary Act of 1789 was the first time Congress exercised this power.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, with the number varying from five to ten justices. Following the Civil War, the number of seats was fixed at nine, which remains the current number of justices on the Supreme Court.
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Article III, Section I of the Constitution
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."
This section of the Constitution is known as one of the three vesting clauses, which vest the judicial power of the United States in federal courts. It requires the existence of a supreme court and allows for inferior courts to be established by Congress.
Article III, Section I does not set the number of justices that must be appointed to the Supreme Court. However, it does require that judges of the Supreme Court and inferior courts hold their offices during good behaviour and receive compensation that cannot be diminished during their continuance in office.
The Judiciary Act of 1789, which established the lower federal court system, created a Supreme Court with six justices. 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. Today, there is one Chief Justice and eight Associate Justices of the United States Supreme Court.
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Supreme Court's jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. Its jurisdiction is established by Article III, Section II of the US Constitution, which grants it original jurisdiction and appellate jurisdiction.
The Court has original jurisdiction (a case is tried before the Court) over certain cases, such as suits between two or more states, cases involving ambassadors and other public ministers, and cases in which a state is a party. In the eighteenth and nineteenth centuries, there was debate over whether state and inferior federal courts could exercise jurisdiction in cases that fell within the Supreme Court's original jurisdiction. The Supreme Court has rarely exercised its jurisdiction over foreign officials, instead focusing largely on resolving disputes between state governments.
The Court 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. 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). The Court's appellate jurisdiction also includes appeals from federal courts of appeal, the Supreme Court of Puerto Rico, and the District of Columbia Court of Appeals, among others.
The Certiorari Act of 1925 gives the Court the discretion to decide whether to hear a case when exercising its appellate jurisdiction. The Court agrees to hear about 100-150 of the more than 7,000 cases it is asked to review each year.
The Judiciary Act of 1789, passed by Congress, created a Supreme Court with six justices and established the lower federal court system. This 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).
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Supreme Court's original jurisdiction
The Supreme Court of the United States was created by Article III of the US Constitution, which 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."
Congress was given the power to decide how to organise the Supreme Court, which it first exercised in the Judiciary Act of 1789. This act created a Supreme Court with six justices and established the lower federal court system.
Original Jurisdiction
The Supreme Court has original jurisdiction (the legal ability to preside over a case at the first instance) in certain cases. According to Article III, Section II of the Constitution, the Court has original jurisdiction in suits between two or more states, and cases involving ambassadors, other public ministers, and consuls. This means that the Supreme Court serves as a trial court in these instances.
The Judiciary Act of 1789 also 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 one case, the Supreme Court noted that the Constitution did not permit it to have original jurisdiction in this matter.
In practice, relatively few cases reach the Supreme Court through its original jurisdiction. Instead, most of the Court's influential decisions are made through its appellate jurisdiction (the ability to review and overturn the decision of a lower court).
The Supreme Court's original jurisdiction also extends to extraordinary writ proceedings involving habeas corpus, mandamus, quo warranto, prohibition, and certiorari.
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Supreme Court's appellate jurisdiction
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It was created by the Constitutional Convention of 1787 as the head of a federal court system. The Judiciary Act of 1789 formally established the Supreme Court, outlining its powers, structure, and functions.
The Supreme Court has appellate jurisdiction, which means it can hear cases on appeal from lower courts. This includes almost any case involving a point of constitutional, federal, or state law. The Supreme Court is the only federal court with jurisdiction over direct appeals from state court decisions. This jurisdiction is often referred to as collateral review and applies to specific cases, such as those involving individuals on death row.
The Supreme Court's appellate jurisdiction is not limited to state court cases. It also extends to all U.S. federal court cases. The Court has the authority to act in cases arising under the Constitution, laws, or treaties of the United States. This includes controversies to which the United States is a party, disputes between states or citizens of different states, and cases of admiralty and maritime jurisdiction.
The Supreme Court's rules outline the process for accepting and hearing cases. For a case to be accepted, four of the nine Justices must vote in favour. Once accepted, the petitioner and respondent file briefs outlining their legal arguments. The U.S. Government, through the Solicitor General, can also file a brief if it has an interest in the outcome. Additionally, the Court may allow interested groups to submit amicus curiae briefs, providing their perspective on the case.
The Supreme Court's decisions are binding and create precedents in American law. A majority opinion, joined by at least five Justices, is binding, while a plurality opinion joined by fewer than half of the Justices has only partial precedential value. The Court's opinions interpret the Constitution and shape the nation's laws, marking the boundaries of authority between states, the government, and citizens.
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Frequently asked questions
The Supreme Court was created by the Judiciary Act of 1789.
The Judiciary Act of 1789 was passed by Congress to establish a Supreme Court with six justices and a lower federal court system.
The Supreme Court is the highest court in the federal judiciary of the United States and has ultimate appellate jurisdiction over all U.S. federal court cases. It also has original jurisdiction over a narrow range of cases, such as those involving ambassadors and other public ministers.
The Supreme Court is the final court of appeal and the final expositor of the US Constitution. It plays a crucial role in marking the boundaries of authority between states, between the government and citizens, and interpreting constitutional law.
The number of seats on the Supreme Court has been altered by various Acts of Congress over the years, ranging from five to ten justices. The Circuit Court of Appeals Act of 1891 established intermediate appellate courts to assist the Supreme Court in managing its caseload. The Judiciary Act of 1925, also known as the Judges' Bill, further reduced the Supreme Court's obligatory jurisdiction and expanded its discretion in accepting cases.
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