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Learn about the role and structure of the Judicial Branch, which interprets and applies the law, and protects the rights of the accused. Find out how the Supreme Court and lower courts operate, and how they are appointed and confirmed.
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A high-level overview of the judicial branch and its power of judicial review.
The design of the judicial branch protects the Supreme Court’s independence as a branch of government. The Supreme Court wields the power of judicial review to check the actions of the other branches of government.
Federalist no. 78 (1788) - “The Judiciary Department,” written by Alexander Hamilton. In this essay advocating for the ratification of the US Constitution, Hamilton describes the proposed form for the new government’s judicial branch. He argues that judges should serve for life pending good behavior to ensure judicial independence, and that the judicial branch will be the “least dangerous” branch of government since it can neither wage war nor collect taxes. Hamilton also provides an early argument for the power of judicial review, stating that the courts’ duty is “to declare all acts contrary to . . . the Constitution void.”
Read the full text of Federalist No. 78
Article III - Article III of the US Constitution establishes the judicial branch of US government. It explicitly creates one Supreme Court, but gives Congress the power to create all other inferior courts. Article III guarantees judicial independence by granting lifetime appointments for justices and preventing Congress from lowering the salaries of sitting justices.
Marbury v. Madison (1803) — An early Supreme Court case that affirmed the Court’s power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that “an act of the legislature repugnant to the Constitution is void.”
Constitutionalism - The federal courts use judicial review to determine whether the acts of Congress, the executive branch, and state governments comply with the Constitution. This exemplifies the principle of checks and balances by ensuring that the other branches of government cannot act outside the bounds of the Constitution without consequence.
The judicial branch also demonstrates the importance of separation of powers, as lifetime appointments for justices and bans on salary decreases for sitting justices ensure the judicial branch’s independence from the interference of the other two branches.
What is judicial review? Can you explain it in your own words?
Did the Framers intend for the Supreme Court to have the power of judicial review? How do we know?
Do you agree with Hamilton’s belief that the judicial branch is the “least dangerous” branch of government? Why or why not?
[Notes and attributions]
Learn about the judicial branch and its power of judicial review, which protects the Constitution from the other branches of government. Explore key terms, documents, cases, and questions related to the judicial branch.
Nov 17, 2017 · The judicial branch interprets laws made by the legislative branch and enforced by the executive branch. It consists of the Supreme Court and lower federal courts, and has the power of judicial review to declare laws unconstitutional.
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Mar 6, 2019 · Learn about the judicial branch of the U.S. government, which interprets and applies existing laws to the cases that come before it. Find out how the U.S. Supreme Court is the most important arm of this branch and how it exercises its powers of judicial review, checks and balances, and precedent.
Apr 12, 2023 · The Judicial Branch of the U.S. government interprets the law, settles legal disputes, and administers justice. It also has the power of judicial review to strike down unconstitutional laws or actions, and comprises of the Supreme Court and lower federal courts.
The judicial branch decides the constitutionality of federal laws and resolves other disputes about federal laws. It consists of the Supreme Court, the courts of appeals, the district courts, the bankruptcy courts, and some special courts.
Learn about the judicial branch of the U.S. government, which interprets the Constitution and federal law, and exercises judicial review and independence. Explore the structure, functions, and history of the Supreme Court and lower courts.
