Supreme Court of the United States

Article III of the Constitution provided for one Supreme Court and allowed Congress to establish lower federal courts. The Judiciary Act of 1789 organized the federal judiciary and initially assigned the Supreme Court a Chief Justice and five Associate Justices. The Court began operating in New York in February 1790, with its early sessions devoted partly to organization and procedure.

Justices also had to travel to hold circuit courts, making transport and travel a substantial part of their duties. The Court’s size changed repeatedly during the nineteenth century before settling at nine in 1869. Its organization developed through statutes and practice as well as the constitutional text.

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The President nominates justices subject to the Senate’s approval. Federal judges hold office during good behavior, and their compensation may not be reduced while they serve. These arrangements protect the office while placing appointment within a process involving both executive and legislative institutions.

John Jay was the first Chief Justice. John Marshall took office in 1801 and served for more than three decades, contributing to the development of the Court’s early role in federal government. Justices’ service often extends across several presidential administrations. Continuity of personnel and the arrival of new members are therefore recurring features of the institution’s development.

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Much of the Court’s work concerns review of judgments from other courts, alongside a smaller area of original jurisdiction. Petitions seeking review are examined and voted on. Cases granted full consideration normally involve written briefs, the record of earlier proceedings and oral argument by lawyers. The justices study the materials, confer and prepare opinions.

In its usual appellate work the Court does not empanel a jury or hear witnesses anew. Existing records and legal arguments supply the materials for decision. Draft opinions may undergo repeated revision before release, with concurring and dissenting opinions allowing different reasons and disagreements to appear in the published record.

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Marbury v. Madison in 1803 became a central case in the Court’s explanation of judicial review. Marshall’s opinion set out the judiciary’s responsibility to apply the Constitution when deciding whether a law conflicted with it. Disputes over federal and state powers, individual rights and government action continued to bring constitutional questions before the Court.

Its function is limited to cases and controversies. Under Jay the Court declined to provide the President with a general advisory opinion. Judicial interpretations can be followed by legislation, further litigation or constitutional amendment. Written opinions consequently record an ongoing interaction with other institutions and provide a significant body of evidence for the history of American government.

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