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U.S. Constitution study guide: Difference between revisions
U.S. Constitution study guide (view source)
Revision as of 19:52, 23 November 2021
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=== Section 1. [Establishes the Judicial branch] === | === Section 1. [Establishes the Judicial branch] === | ||
'''{{#tip-text:Section 1. Overview|Section 1: | '''{{#tip-text:[Section 1. Overview]|Section 1: | ||
* creates a Supreme Court | * creates a Supreme Court | ||
* gives Congress the power to create lower courts | * gives Congress the power to create lower courts | ||
* sets terms of office for judges as life, i.e., "during good Behaviour" | * sets terms of office for judges as life, i.e., "during good Behaviour"}}''' | ||
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 '''{{#tip-text:judicial Power of the United States|Establishes the Judicial branch | ||
* important separate of powers & checks & balances | |||
* note that the Constitution did not consider the matter of "judicial review", which was established by precedent in the 1804 Madison v. Marbury case}}''', shall be vested in one supreme Court, and in such inferior Courts as the '''{{#tip-text:Congress may from time to time ordain and establish|Congress has power to make the courts by law | |||
* while the Supreme Court is a constitutional branch, the Congress can create lower courts below it | |||
* the Constitution does not set the number of judges to serve on the Supreme Court or other courts | |||
* the Judiciary Act of 1789 set the number of justices at 6 | |||
* other laws set the number at 7 and 10 (sometimes Congress required that an open seat from retired justice not be filled, thus reducing the number) | |||
* the 1869 Circuit Judges Act set the number at 9, where it has remained since | |||
* in 1937, Democrat President Franklin Roosevelt attempted to "pack the court" with additional justices appointed by him in order to move the Court votes to partisans who favored him and his policies | |||
* the "Court Packing" scheme was considered dangerous and a law to add the judges was voted down in the Democratic-majority Senate 70-20 | |||
* in 2021, President Joe Biden created by Executive Order a commission to make recommendations on the size of the Court, among other changes, and that commission recommended no changes in the number of judges, largely because that would create an arbitrary situation whereby Presidents and friendly-Congresses would change the number of justices to suit their politics and not to follow the Constitution}}'''. The Judges, both of the supreme and inferior Courts, shall '''{{#tip-text:hold their Offices during good Behaviour|Good behavior: | |||
* = lifetime appointments for judges | |||
* a key temporal element in the separation of powers (as in House, Senate and Presidential limited terms) | |||
* lifetime appointments for judges is to designed to remove them from the influences of electoral politics and other temporary passions and factions | |||
* = a "republican principle"}}''', and shall, at stated Times, receive for their Services, a Compensation|Salaries for justices | |||
* the Founders considered salaries and other forms of compensation to make officials subject to corruption or influence from whoever sets the salaries | |||
* therefore by ensuring compensation, the Congress cannot take that away | |||
* and by prohibiting a reduction in salaries, Congress cannot punish judges in that way | |||
* therefore = an important separation of power which protects the Judiciary from interference from Congress}}''', which shall not be diminished during their Continuance in Office. | |||
==={{#tip-text: Section 2.|}} | === Section 2. === | ||
'''{{#tip-text: Section 2. overview]|}}''' | |||
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. | 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. | ||