Article III, section 1, of the Constitution of the United States provides 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." The Supreme Court of the United States was created in accordance with this provision and by authority of the Judiciary Act of September 24, 1789 (1 Stat. 73). It was organized on February 2, 1790. The Supreme Court comprises the Chief Justice of the United States and such number of Associate Justices as may be fixed by Congress. Under that authority, and by virtue of act of June 25, 1948 (28 U.S.C. 1), the number of Associate Justices is eight. Power to nominate the Justices is vested in the President of the United States, and appointments are made by and with the advice and consent of the Senate. Article III, section 1, of the Constitution further provides that "the Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office." A Justice may, if he so desires, retire at the age of 70 after serving for 10 years as a Federal judge or at age 65 after 15 years of service. The officers of the Supreme Court are the Clerk, the Reporter of Decisions, the Librarian, and the Marshal, who are appointed by the Court to assist in the performance of its functions. The library is open to members of the bar of the Court, attorneys for the various Federal departments and agencies, and Members of Congress. Only members of the bar of the Court may practice before the Supreme Court. The term of the Court begins, by law, the first Monday in October of each year and continues as long as the business before the Court requires, usually until about the end of June. Six members constitute a quorum. Approximately 5,000 cases are passed upon in the course of a term. In addition, some 1,200 applications of various kinds are filed each year that can be acted upon by a single Justice. Jurisdiction According to the Constitution (art. III, sec. 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." Appellate jurisdiction has been conferred upon the Supreme Court by various statutes, under the authority given Congress by the Constitution. The basic statute effective at this time in conferring and controlling jurisdiction of the Supreme Court may be found in 28 U.S.C. 1251-1259 and various special statutes. Congress has no authority to change the original jurisdiction of this Court. Rulemaking Power Congress has from time to time conferred upon the Supreme Court power to prescribe rules of procedure to be followed by the lower courts of the United States. Pursuant to these statutes there are now in force rules promulgated by the Court to govern civil and criminal cases in the district courts, bankruptcy proceedings, admiralty cases, copyright cases, appellate proceedings, and criminal minor offense proceedings before U.S. magistrates. For further information concerning the Supreme Court, contact the Clerk, United States Supreme Court Building, 1 First Street NE., Washington, DC 20543. Phone, 202-479-3011. Lower Courts The Supreme Court has held that "... Article III of the Constitution declares, in section 1, that the judicial power of the United States shall be invested in one Supreme Court and in 'such inferior Courts as the Congress may from time to time ordain and establish,' and prescribes, in section 2, that this power shall extend to cases and controversies of certain enumerated classes . . ." Such courts, known as constitutional courts, “. . . share in the exercise of the judicial power defined in that section, can be invested with no other jurisdiction, and have judges who hold office during good behavior, with no power in Congress to provide otherwise." United States Courts of Appeals The courts of appeals are intermediate appellate courts created by act of March 3, 1891 (28 U.S.C. ch. 3), to relieve the Supreme Court of considering all appeals in cases originally decided by the Federal trial courts. They are empowered to review all final decisions and certain interlocutory decisions (18 U.S.C. 3731,3734; 28 U.S.C. 1291, 1292) of district courts, except in those very few situations where the law provides for a direct review by the Supreme Court (see below). They also are empowered to review and enforce orders of many Federal administrative bodies, such as the Securities and Exchange Commission and the National Labor Relations Board (see list in revision notes to 28 U.S.C. 1291). The decisions of the courts of appeals are final except as they are subject to discretionary review or appeal in the Supreme Court. The United States is divided geographically into 12 judicial circuits, including the District of Columbia. Each circuit has a court of appeals (28 U.S.C. 41, 1294). Each of the 50 States is assigned to one of the circuits, and the Territories are assigned variously to the first, third, and ninth circuits. There is also a Court of Appeals for the Federal Circuit, which has nationwide jurisdiction defined by subject matter. At present each court of appeals has from 6 to 28 permanent circuit judgeships (168 in all), depending upon the amount of judicial work in the circuit. Circuit judges hold their offices during good behavior as provided by Article III, section 1, of the Constitution. The judge senior in commission who is under 65 years of age, has been in office at least 1 year, and has not previously been chief judge serves as the chief judge of the circuit for a 7-year term. One of the justices of the Supreme Court is assigned as circuit justice for each of the 13 judicial circuits. Each court of appeals normally hears cases in panels consisting of three judges but may sit en banc with all judges present. * The circuit judges of each circuit by majority vote determine the composition of the judicial council for the circuit, which must include both circuit and district judges. The council meets at least twice a year to consider the state of Federal judicial business in the circuit and to "make all necessary and appropriate orders for [its] effective and expeditious administration * (28 U.S.C. 332). In 1971 the Congress provided for appointment of a Circuit Executive for each circuit by the circuit council. The function of the Circuit Executive is to exercise, among other duties, administrative control of nonjudicial activities of the court of appeals of the circuit in which he serves (84 Stat. 1907; 28 U.S.C. 332). The chief judge of each circuit summons annually a judicial conference of all circuit and district judges in his circuit, and sometimes members of the bar, to discuss the business of the Federal courts of the circuit (28 U.S.C. 333). The chief judge of each circuit and a district judge from each of the 12 geographical circuits, elected by the circuit and district judges of the circuit at their annual judicial conference for a term of 3 years, serve as members of the Judicial Conference of the United States, of which the Chief Justice of the United States is chairman. This is the governing body for the administration of the Federal judicial system as a whole (28 U.S.C. 331). |