Article III - The Judicial Branch

Article III of the Constitution of the United States establishes the federal government's judicial branch. Although the Constitution only references the Supreme Court, it gave the Senate and House of Representatives the power to create lower courts (known as “inferior courts") as necessary.

The fact that the Constitution only establishes one federal court says a lot about what the Framers were thinking when they were setting up a new government after the Revolutionary War.

Many at the Constitutional Convention feared a strong central government would be too similar to the monarchy and advocated for the states to have more power. But others argued that leaving the interpretation of federal law up to state courts would mean the federal government would never get anything done.

In 1789, Congress established the U.S. Supreme Court, which then had six justices. Today, there are nine justices, including the Chief Justice.

For more than 100 years, the Supreme Court was responsible for hearing all appeals in federal court cases. Then, Congress passed the Judiciary Act of 1891, also known as the Evarts Act. The Evarts Act created the U.S. Court of Appeals, a system of federal appellate courts tasked with reducing the Supreme Court's workload. Congress divided this new court system into nine circuits and assigned a “circuit justice" to each.

If a party disagrees with a federal district court's decision, they can appeal to have the decision reviewed by a three-judge panel in their circuit. Today, there are twelve federal circuits. The Evarts Act greatly limited the types of cases that could be appealed to the Supreme Court, giving appellate jurisdiction in most cases to the U.S. Court of Appeals.

The structure and function of the judicial branch establish a framework for its interaction with other branches. This system of checks and balances ensures that no single branch of government accumulates excessive power. It safeguards the principles of democracy and the rule of law in the United States.

Through collaborative efforts and constitutional oversight, the judiciary, executive, and legislative branches uphold their respective roles in governing the nation and protecting the rights of its citizens.

What Does Article III of the U.S. Constitution Say?

Section 1

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 Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.

Section 2

The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

History of the Judicial Branch

The history of the judicial branch of the United States traces back to the drafting of the Constitution in 1787.

The Framers of the Constitution sought to create a balanced government. This government would ideally avoid tyranny and ensure a fair system of justice. Article III of the Constitution established the judicial branch. This article reflects the framers' intention by providing for a Supreme Court. It also allows Congress to create inferior courts as needed.

Establishment of the Federal Judiciary

The Judiciary Act of 1789 was a significant milestone in the history of the U.S. judicial system. This Act established the structure and jurisdiction of the federal judiciary. The result was the creation of the Supreme Court with six justices, thirteen district courts, and three circuit courts. It also provided for the position of Attorney General (AG). The AG represents the United States in legal matters.

The Supreme Court's role was initially limited, and it had fewer cases to handle in its early years. However, the Court's influence grew significantly with landmark cases like Marbury v. Madison in 1803, which established the principle of judicial review. This principle empowered the Supreme Court to declare laws and executive actions unconstitutional. It solidified the judiciary's role as a co-equal branch of government.

Expansion and Reorganization

Over time, the judiciary evolved to meet the growing needs of the nation.

In 1891, Congress passed the Judiciary Act of 1891, also known as the Evarts Act, which created the U.S. Courts of Appeals. This Act aimed to reduce the Supreme Court's caseload by establishing intermediate appellate courts to handle most appeals from district courts. The creation of these appellate courts marked a significant reorganization of the federal judiciary, making the judicial system more efficient.

The federal judiciary continued to expand in the 20th and 21st centuries. Congress created additional district and appellate courts to address the volume of federal cases. Today, the federal judiciary includes 94 district courts, 12 regional Courts of Appeals, and the Supreme Court.

Interaction with the Executive Branch

The relationship between the judicial and executive branches is defined by checks and balances, a system outlined in the Constitution. The president appoints federal judges with the advice and consent of the Senate, ensuring a balance of power between the branches. Appointments require collaboration between the president and the senate.

The executive branch is responsible for enforcing the judgments and decisions of the federal courts. This duty includes executing court orders and rulings in compliance with the law across federal agencies and departments. The executive branch (namely the Department of Justice) plays a crucial role in defending federal laws and policies in court. Thus, it interacts directly with the judicial branch regarding litigation and legal interpretation.

Interaction with the Legislative Branch

The judicial branch and the legislative branch are composed of the Senate and House of Representatives. The relationship between these branches is governed by the Constitution's checks and balances. Congress holds significant powers over the judiciary. This includes the authority to create and organize federal courts below the Supreme Court, as outlined in Article III.

Congress also has the power to define and limit the jurisdiction of the federal courts. This influences the types of cases they can hear and the scope of their decisions. Through legislative action, Congress can impeach and remove federal judges for misconduct or abuse of power. This even includes Supreme Court justices, thereby ensuring accountability within the judiciary.

Moreover, the judiciary interprets laws passed by Congress. This ensures their constitutionality and applicability in legal disputes. Through the process of judicial review, established by the landmark case Marbury v. Madison (1803), the Supreme Court asserts its authority to declare acts of Congress unconstitutional if they violate the principles and provisions of the Constitution.