Question
Article III Section 1 states, "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 Behavior, and shall, at stated Times receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office." square 1. What experience or qualifications are mentioned in Article III Section 1 to be a Justice of the Supreme STEP 2: Now read Article III, Section 2 here Interactive Constitution -Article III Judicial Branch to explain the job of the Supreme Court as defined in the Constitution. square accountain 3. Is there any indication in this section that the Supreme Court has the "right" or "responsibility" to determine whether laws are constitutional-meaning whether they violate or go against what is written in the Constitution? Explain your answer.
Answer
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Efa
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Answer
1. There are no explicit experiences or qualifications mentioned in Article III Section 1 to be a Justice of the Supreme Court or Judge in any lower courts.2. The job of the Supreme Court as described in Article III, is to have jurisdiction over all cases, in law and equity, arising under the Constitution and U.S. notations, laws involving foreign diplomats, and disputes among states or between a state and resident of another state.3. There is no explicit indication or verbiage authorizing affirmative 'right' or 'responsibility' vested upon Supreme Court to determine the constitutional validity of laws. Such interpretive authority got affirmance through court history and practice, particularly after the precedential case 'Marbury v. Madison'.
Explanation
1. The question requires knowledge of the United States Constitution, in particular Article III Section 1, to determine what qualifications or prerequisites are indicated for a Justice in the Supreme Court or in any other court. According to this Article, there are no explicit requirements regarding particular qualifications or experiences essential to becoming a justice. The provision largely focuses on the establishment of the Supreme Court and lesser courts, the remuneration of judges, and the tenure of their service. 2. This question pertains to the role and duties of the Supreme Court based on its definitions in Article III Section 2. Article III, Section 2 lays out the areas of jurisdiction for the Supreme Court, which include all cases, law and equity; under the Constitution; the laws of the United States; and treaties made or which will be made; all issues concerning ambassadors; public ministers and consuls; maritime jurisdiction; the institution of legal action when the USA is a party; controversies among states, between residents of different states, or between a state and foreign nationals.3. The third part of this question places inquiry on contents that could suggest the Supreme Court possessing a right or duty to evaluate the constitutionality of laws: work generally grouped under the concept of 'judicial review'. Despite no specific mention of judicial review in Article III or anywhere in the Constitution, Marbury v Madison established this principle in legal ground, interpreting granted eyesight of the Supreme Court to oversee all actions under the Constitution to include reviewing congressional legality.