What Makes the Highest Court in the Land, Supreme?

Article III of the Constitution establishes the federal judiciary. Article III, Section I 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." Although the Constitution establishes the Supreme Court, it permits Congress to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789. This Act created a Supreme Court with six justices. It also established the lower federal court system. [1]

What is the role of the Supreme Court?

The Supreme Court is a pivotal piece of our constitutional system of government. The Supreme Court is the highest court in the land and often times plays the role of the last resort for those looking for justice. The Supreme Court also has the power of judicial review which allows it to play an essential role in ensuring that each branch of government recognizes the limits of its own power. Additionally, the Supreme Court protects the civil rights and liberties of American citizens by striking down any laws that violate the Constitution. And finally, the Supreme Court sets appropriate limitations on the democratic government by ensuring that popular majorities cannot pass laws that harm or take advantage of unpopular minorities. The Supreme Court’s main role in the United States is to ensure that the changing views of the majority do not undermine the fundamental values common to all citizens, things like freedom of religion, freedom of speech and due process of law.

What is judicial review?

Most people are aware of the Supreme Court’s role in judicial review, even if they do not know that is the name of those activities. This power of the Supreme Court is its ability to declare a Legislative or Executive act in violation of the Constitution. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution. [2] In essence, this allows the Supreme Court to have the final say over when a right is protected by the Constitution, or when a person’s rights protected by the Constitution have been violated.

What is the court’s jurisdiction?

Wondering what a jurisdiction is? That is the legal ability to hear a case. The Supreme Court has the jurisdiction over certain cases involving states against one another, ambassadors, or other public governmental figures. The Court can also hear appeals, or appellate jurisdiction, has appellate jurisdiction, on almost any other case that involves a point of constitutional and/or federal law.

Who is on the Supreme Court?

Over the years Congress has altered the number of seats on the Supreme Court from as low as 5 members to as high as 10 members. The formation of the Supreme Court that stands today at 9 justices has been in effect since shortly after the Civil War. The makeup of the Court today is one Chief Justice and eight Associate Justices. These justices are appointed for life by the President and confirmed by the Senate.

The Supreme Court has been heavily in the news as of late with President Trump’s most recent appointment to the Court. The Court itself is a busy entity hearing close to 200 of the 7000 cases they are asked to review each year.

[1] https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about

[2] https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about