article three of the constitution established the supreme court.
article three of the constitution established the supreme court.
what article of the constitution established the supreme court?
three
article three of the constitution established the judicial branch of the federal government, but left several issues to the discretion of congress or the president. unresolved issues included the size of the supreme court, the identity of the first supreme court justices, the number and establishment of federal courts below the supreme court, and the relationship between state and federal courts. in september 1789, congress passed the judiciary act of 1789, primarily written by connecticut senator oliver ellsworth. through the judiciary act, congress established a six-member supreme court, composed of one chief justice and five associate justices. the act also created thirteen judicial districts, along with district courts and circuit courts for each district.
presidency of george washington
in 1813, the supreme court reversed a decision of the virginia court of appeals, basing its decision on the terms of a federal treaty. the virginia court of appeals refused to accept the supreme court's decision, stating that under the constitution, the supreme court did not have authority over state courts. the virginia court held that as a matter of state sovereignty, its decisions were final and could not be appealed to the u.s. supreme court. the virginia court found unconstitutional the federal statute providing for supreme court review of state court judgments. this decision would have allowed each state's courts to decide for themselves whether federal actions were unconstitutional, effectively giving state courts the right to nullify federal law. in "martin v. hunter's lessee", 14 u.s. (1 wheat.) 304 (1816), the supreme court rejected this view. the supreme court held that article iii of the constitution gives the federal courts jurisdiction in all cases arising under the constitution or federal law, and gives the supreme court final authority in such cases. the supreme court stated that the people, by providing in the constitution that the supreme court has final authority in such cases, had chosen to limit the sovereignty of the states. the supreme court therefore found that the federal courts, not the states, have the final power to interpret the constitution.
nullification (u.s. constitution)