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Section 2 also gives Congress the power to strip the Supreme Court of appellate jurisdiction, and establishes that all federal crimes must be tried before a jury. Section 2 does not expressly grant the federal judiciary the power of judicial review, but the courts have exercised this power since the 1803 case of Marbury v. Madison.
Article Three of the United States Constitution vests the judicial power of the federal government in the Supreme Court. [54] The Judiciary Act of 1789 implemented Article III by creating a hierarchy under which circuit courts consider appeals from the district courts and the Supreme Court has appellate authority over the circuit courts. [55]
Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined authority to check the powers of the others.
For example, the Constitution at Article III, Section 2, gives Congress power to make exceptions to the Supreme Court's appellate jurisdiction. The Supreme Court has historically acknowledged that its appellate jurisdiction is defined by Congress, and thus Congress may have power to make some legislative or executive actions unreviewable.
The Constitution's first three articles embody the doctrine of the separation of powers, in which the federal government is divided into three branches: the legislative, consisting of the bicameral Congress ; the executive, consisting of the president and subordinate officers ; and the judicial, consisting of the Supreme Court and other federal ...
The Supreme Court has held that Congress has implied powers through the Commerce Clause. For example, in Standard Oil Co. of New Jersey v. United States and United States v. Darby Lumber Co., it was held that Congress could divide monopolies, prohibit child labor, and establish a minimum wage under the Commerce Clause
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Constitution creates a Federal Government of enumerated powers." For the first time in sixty years the Court found that in creating a federal statute, Congress had exceeded the power granted to it by the Commerce Clause. [citation needed] In National Federation of Independent Business v.