Scope And Jurisdiction

The Supreme Court was created by the Constitutional Convention of 1787 as the head of a
federal court system, though it was not formally established until Congress passed the Judiciary
Act in 1789. Although the Constitution outlined the powers, structure, and functions of the
legislative and executive branches of government in some detail, it did not do the same for the
judicial branch, leaving much of that responsibility to Congress and stipulating only that judicial
power be “vested in one supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish.” As the country’s court of last resort, the Supreme Court is an
appellate body, vested with the authority to act in cases arising under the Constitution, laws, or
treaties of the United States; in controversies to which the United States is a party; in disputes
between states or between citizens of different states; and in cases of admiralty and maritime
jurisdiction. In suits affecting ambassadors, other public ministers, and consuls and in cases in
which states are a party, the Supreme Court has original jurisdiction—i.e., it serves as a trial
court. Relatively few cases reach the court through its original jurisdiction, however; instead, the
vast majority of the court’s business and nearly all of its most influential decisions derive from its
appellate jurisdiction.

Size, Membership, And Organization

The organization of the federal judicial system, including the size of the Supreme Court, is
established by Congress. From 1789 to 1807 the court comprised six justices. In 1807 a
seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. The
size of the court has sometimes been subject to political manipulation; for example, in 1866
Congress provided for the gradual reduction (through attrition) of the court to seven justices to
ensure that President Andrew Johnson, whom the House of Representatives later impeached
and the Senate only narrowly acquitted, could not appoint a new justice. The number of justices
reached eight before Congress, after Johnson had left office, adopted new legislation (1869)
setting the number at nine, where it has remained ever since. In the 1930s President Franklin D.
Roosevelt asked Congress to consider legislation (which it subsequently rejected) that would
have allowed the president to appoint an additional justice for each member of the court aged
70 years or older who refused to retire.

Supreme Court of the United States

HIGHEST COURT, UNITED STATES
WRITTEN BY: Brian P. Smentkowski
LAST UPDATED: Sep 13, 2019 See Article History
ARTICLE CONTENTS
Supreme Court of the United States, final court of appeal and final expositor of the Constitution
of the United States. Within the framework of litigation, the Supreme Court marks the
boundaries of authority between state and nation, state and state, and government and citizen.
Supreme Court of the United States
QUICK FACTS
U.S. Supreme Court building
View Media Page
DATE
1789 - present
RELATED PEOPLE
Cass Gilbert
Scope And Jurisdiction
The Supreme Court was created by the Constitutional Convention of 1787 as the head of a
federal court system, though it was not formally established until Congress passed the Judiciary
Act in 1789. Although the Constitution outlined the powers, structure, and functions of the
legislative and executive branches of government in some detail, it did not do the same for the
judicial branch, leaving much of that responsibility to Congress and stipulating only that judicial
power be “vested in one supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish.” As the country’s court of last resort, the Supreme Court is an
appellate body, vested with the authority to act in cases arising under the Constitution, laws, or
treaties of the United States; in controversies to which the United States is a party; in disputes
between states or between citizens of different states; and in cases of admiralty and maritime
jurisdiction. In suits affecting ambassadors, other public ministers, and consuls and in cases in
which states are a party, the Supreme Court has original jurisdiction—i.e., it serves as a trial
court. Relatively few cases reach the court through its original jurisdiction, however; instead, the
vast majority of the court’s business and nearly all of its most influential decisions derive from its
appellate jurisdiction.

James Earle Fraser's Contemplation of Justice, on the north side of the main entrance of the
U.S. Supreme Court.
James Earle Fraser's Contemplation of Justice, on the north side of the main entrance of the
U.S. Supreme Court.
Lois Long/Supreme Court of the United States
Size, Membership, And Organization
The organization of the federal judicial system, including the size of the Supreme Court, is
established by Congress. From 1789 to 1807 the court comprised six justices. In 1807 a
seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. The
size of the court has sometimes been subject to political manipulation; for example, in 1866
Congress provided for the gradual reduction (through attrition) of the court to seven justices to
ensure that President Andrew Johnson, whom the House of Representatives later impeached
and the Senate only narrowly acquitted, could not appoint a new justice. The number of justices
reached eight before Congress, after Johnson had left office, adopted new legislation (1869)
setting the number at nine, where it has remained ever since. In the 1930s President Franklin D.
Roosevelt asked Congress to consider legislation (which it subsequently rejected) that would
have allowed the president to appoint an additional justice for each member of the court aged
70 years or older who refused to retire.
According to the Constitution, appointments to the Supreme Court and to the lower federal
courts are made by the president with the advice and consent of the Senate, though presidents
have rarely consulted the Senate before making a nomination. The Senate Judiciary Committee
ordinarily conducts hearings on nominations to the Supreme Court, and a simple majority of the
full Senate is required for confirmation. When the position of chief justice is vacant, the
president may appoint a chief justice from outside the court or elevate an associate justice to
the position. In either case a simple majority of the Senate must approve the appointment.
Members of the Supreme Court are appointed for life terms, though they may be expelled if they
are impeached by the House of Representatives and convicted in the Senate. Only one justice
has been impeached, Samuel Chase, who was acquitted in 1805. In 1969 Abe Fortas resigned
under threat of impeachment for alleged financial improprieties unrelated to his duties on the
court.

Supreme Court of the United States

HIGHEST COURT, UNITED STATES
WRITTEN BY: Brian P. Smentkowski
LAST UPDATED: Sep 13, 2019 See Article History
ARTICLE CONTENTS
Supreme Court of the United States, final court of appeal and final expositor of the Constitution
of the United States. Within the framework of litigation, the Supreme Court marks the
boundaries of authority between state and nation, state and state, and government and citizen.

Supreme Court of the United States

QUICK FACTS
U.S. Supreme Court building
View Media Page
DATE
1789 - present
RELATED PEOPLE
Cass Gilbert
Scope And Jurisdiction
The Supreme Court was created by the Constitutional Convention of 1787 as the head of a
federal court system, though it was not formally established until Congress passed the Judiciary
Act in 1789. Although the Constitution outlined the powers, structure, and functions of the
legislative and executive branches of government in some detail, it did not do the same for the
judicial branch, leaving much of that responsibility to Congress and stipulating only that judicial
power be “vested in one supreme Court, and in such inferior Courts as the Congress may from
time to time ordain and establish.” As the country’s court of last resort, the Supreme Court is an
appellate body, vested with the authority to act in cases arising under the Constitution, laws, or
treaties of the United States; in controversies to which the United States is a party; in disputes
between states or between citizens of different states; and in cases of admiralty and maritime
jurisdiction. In suits affecting ambassadors, other public ministers, and consuls and in cases in
which states are a party, the Supreme Court has original jurisdiction—i.e., it serves as a trial
court. Relatively few cases reach the court through its original jurisdiction, however; instead, the
vast majority of the court’s business and nearly all of its most influential decisions derive from its
appellate jurisdiction.

James Earle Fraser's Contemplation of Justice, on the north side of the main entrance of the
U.S. Supreme Court.
James Earle Fraser's Contemplation of Justice, on the north side of the main entrance of the
U.S. Supreme Court.
Lois Long/Supreme Court of the United States
Size, Membership, And Organization
The organization of the federal judicial system, including the size of the Supreme Court, is
established by Congress. From 1789 to 1807 the court comprised six justices. In 1807 a
seventh justice was added, followed by an eighth and a ninth in 1837 and a tenth in 1863. The
size of the court has sometimes been subject to political manipulation; for example, in 1866
Congress provided for the gradual reduction (through attrition) of the court to seven justices to
ensure that President Andrew Johnson, whom the House of Representatives later impeached
and the Senate only narrowly acquitted, could not appoint a new justice. The number of justices
reached eight before Congress, after Johnson had left office, adopted new legislation (1869)
setting the number at nine, where it has remained ever since. In the 1930s President Franklin D.
Roosevelt asked Congress to consider legislation (which it subsequently rejected) that would
have allowed the president to appoint an additional justice for each member of the court aged
70 years or older who refused to retire.

According to the Constitution, appointments to the Supreme Court and to the lower federal
courts are made by the president with the advice and consent of the Senate, though presidents
have rarely consulted the Senate before making a nomination. The Senate Judiciary Committee
ordinarily conducts hearings on nominations to the Supreme Court, and a simple majority of the
full Senate is required for confirmation. When the position of chief justice is vacant, the
president may appoint a chief justice from outside the court or elevate an associate justice to
the position. In either case a simple majority of the Senate must approve the appointment.
Members of the Supreme Court are appointed for life terms, though they may be expelled if they
are impeached by the House of Representatives and convicted in the Senate. Only one justice
has been impeached, Samuel Chase, who was acquitted in 1805. In 1969 Abe Fortas resigned
under threat of impeachment for alleged financial improprieties unrelated to his duties on the
court.

U.S. Supreme Court

U.S. Supreme Court
The U.S. Supreme Court as it was constituted in 2009, with (left to right) Associate Justice
Anthony Kennedy, Associate Justice Samuel A. Alito, Jr., Associate Justice John Paul Stevens,
Associate Justice Ruth Bader Ginsburg, Chief Justice John G. Roberts, Jr., Associate Justice
Stephen G. Breyer, Associate Justice Antonin Scalia, Associate Justice Sonia Sotomayor, and
Associate Justice Clarence Thomas.
Mark Wilson/Getty Images
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The federal judicial system originally comprised only trial courts of original jurisdiction and the
Supreme Court. As the country grew in size, and in the absence of intermediate appellate
courts, the volume of cases awaiting review increased, and fidelity to Supreme Court
precedents varied significantly among the lower courts. To remedy this problem, Congress
passed the Circuit Court of Appeals Act (1891), which established nine intermediate courts with
final authority over appeals from federal district courts, except when the case in question was of
exceptional public importance. The Judiciary Act of 1925 (popularly known as the Judges’ Bill),
which was sponsored by the court itself, carried the reforms farther, greatly limiting obligatory
jurisdiction (which required the Supreme Court to review a case) and expanding the classes of
cases that the court could accept at its own discretion through the issue of a writ of certiorari.
Further changes were enacted in 1988, when Congress passed legislation that required the
Supreme Court to hear appeals of cases involving legislative reapportionment and federal civil
rights and antitrust laws. Currently, there are 12 geographic judicial circuits and a court of
appeals for the federal circuit, located in Washington, D.C. Roughly 98 percent of federal cases
end with a decision by one of the lower appellate courts.

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