#1 - Principles of Article III Lecture (1)

Introduction to the Judicial Branch

  • The Judicial Branch is established by Article 3 of the U.S. Constitution.

  • It created the federal judiciary following the Articles of Confederation, which had no federal judiciary.

  • Article 3 is the shortest section in the Constitution regarding the branches of government.

  • The framers considered the courts necessary but treated them as an afterthought during the Constitutional Convention

    • The states already had their own court systems.

    • The framers did not see the judiciary as a powerful branch at the time.

    • Judicial review is assumed but not explicitly mentioned in the Constitution.

Article 3 Breakdown

Section 1: Establishment of the Supreme Court

  • The section creates the Supreme Court of the United States (SCOTUS).

  • It does not specify the number of justices, only referring to them as justices.

  • The Chief Justice is the administrator of the Supreme Court, established in Article 1.

    • The Chief Justice does not have extra voting power; they lead the court.

    • Initially, six justices were established along with the Chief Justice; currently, there are nine Justices.

  • Authorizes the establishment of lower (inferior) courts through legislation by Congress.

    • The Judiciary Act of 1789 is the first piece of legislation that arose from this authorization.

  • Justices serve for life, as long as they exhibit good behavior.

    • They are appointed by the President and confirmed by the Senate but can be impeached.

    • Historical precedence exists for the impeachment and removal of justices.

Section 2: Jurisdiction of the Supreme Court

  • Defines the types of jurisdiction possessed by SCOTUS:

    • Original Jurisdiction:

      • The court that hears a case first; responsible for determining the facts and ruling.

    • Appellate Jurisdiction:

      • Reviews decisions from lower courts, refining or overturning them as necessary.

      • Includes rules for cases to reach the Supreme Court via original jurisdiction.

  • Examples of original jurisdiction cases:

    • Marbury v. Madison and U.S. v. Nixon.

  • The court's jurisdiction includes:

    • Cases arising under the Constitution, U.S. laws, and treaties.

    • Maritime or admiralty jurisdiction cases.

    • Cases involving the U.S. as a party.

    • Controversies between states or between state citizens.

    • Cases involving foreign states and ambassadors.

Judicial Review

  • Judicial Review gives SCOTUS the power to review acts of Congress and executive actions for constitutionality.

  • Marbury v. Madison (1803):

    • Established the principle of judicial review.

    • Enhanced the Court's role in checking the powers of Congress and the President.

  • Early implications of judicial review contributed to increasing federal power, highlighted in cases like:

    • McCulloch v. Maryland

    • Gibbons v. Ogden

    • Fletcher v. Peck

    • Fletcher v. Peck further solidified the idea that the Supreme Court could declare Congressional acts unconstitutional.