Written by attorneys · grounded in primary & secondary sources — see below
The constitutional clause vesting the judicial power of the United States in one supreme Court and in such inferior courts as Congress may from time to time ordain and establish. Judges of the supreme and inferior courts hold their offices during good behavior and receive compensation that shall not be diminished during their continuance in office.
Sources & Authorities
How it applies
Common Examples
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Congressional Tax Power Challenge
Omar Olson, a taxpayer in State A, challenged a federal excise tax imposed under Article I Section 8 on imported goods. The district court upheld the tax. Olson appealed to the court of appeals and then sought review in the one supreme Court, which exercised appellate jurisdiction to determine whether the tax met the uniformity requirement across the United States.
Spousal Privilege Assertion
Orion Orlov refused to disclose marital communications in a federal prosecution. The district court ordered production. Orlov appealed, and the one supreme Court reviewed whether the presumption of confidentiality in spousal communications had been overcome by the government.
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Cases
Statutes
Federal Rules
Uniform Acts
Restatements
Study Supplements
Orla O'Malley sought to introduce witness testimony in a federal civil trial. The opposing party objected on relevance grounds. The district court excluded the evidence, and the one supreme Court later considered whether the exclusion complied with the rule that relevant evidence is admissible unless barred by the Constitution or federal rules.
Injunction Order Appeal
Oriana Oberman obtained a preliminary injunction in district court against a competitor. The defendant appealed the order to the court of appeals. The one supreme Court retained ultimate authority to review the interlocutory injunction decision under the statutory grant of appellate jurisdiction.
Remote Testimony Request
Oswald Orozco moved for permission to testify by video from another state due to health concerns. The district court granted the request after finding good cause. The one supreme Court later examined whether the transmission satisfied the requirement that testimony ordinarily be taken in open court.
Presidential Appointment Dispute
Oakridge Manufacturing challenged the validity of a recess appointment to a lower federal court. The district court dismissed the suit. The one supreme Court exercised appellate jurisdiction to determine whether the appointment power under Article II Section 2 had been properly exercised during a Senate recess.
Common questions
Frequently Asked
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What does the phrase one supreme Court establish about the federal judiciary?+
It establishes that the judicial power is vested in a single supreme Court at the apex of the federal judicial system, with inferior courts that Congress may create below it.
Supporting sources
Does the one supreme Court have original jurisdiction in every case?+
No. The Constitution assigns original jurisdiction only in cases affecting ambassadors, public ministers, consuls, and those in which a state is a party. In all other cases the one supreme Court has appellate jurisdiction.
Supporting sources
How does the one supreme Court interact with Article I tribunals?+
Article I tribunals may adjudicate certain public rights and regulatory matters, but they may not exercise the core judicial power reserved exclusively to the one supreme Court and other Article III courts.
Supporting sources
Can Congress eliminate the one supreme Court?+
No. The Constitution requires the existence of one supreme Court. Congress may create or abolish inferior courts but cannot eliminate the supreme Court itself.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…and assigning the duties which its words purport to confer and assign. The Constitution vests the whole judicial power in one supreme court and such inferior courts as Congress shall ordain and establish. This power is extended to all cases arising under the laws of the United States and consequently may be exercised over the…