Also known as: judicial powers · judicial authority
Written by attorneys · grounded in primary & secondary sources — see below
The authority vested in courts and judges to hear and decide cases and to make binding judgments on them. This power includes the authority to construe and apply the law when controversies arise over what has been done or not done under it. Under federal law the power is vested in the Supreme Court and in inferior courts that Congress establishes.
John Jones files a federal question suit in district court. Congress has never created any inferior courts beyond the district courts. The Supreme Court exercises the judicial power over the appeal because Article III vests that power in one supreme Court and such inferior courts as Congress ordains.
Jasmine Jordan, a ship owner, sues in federal court after a collision on navigable waters. The court exercises judicial power because the Constitution extends that power to all cases of admiralty and maritime jurisdiction.
Select any source to read its text and confirm it supports the definition.
James Johnson, a citizen of State A, sues State B in federal court for money damages. The court lacks judicial power to hear the suit because the Eleventh Amendment prevents federal courts from entertaining suits against a state by citizens of another state.
Jordan Jenkins, a special prosecutor, issues a subpoena to the President for tapes. The court exercises judicial power to enforce the subpoena because deciding whether a claim of executive privilege overrides the subpoena is an exercise of constitutional interpretation entrusted to the courts.
Jason Jung seeks a writ of mandamus to compel the Secretary of State to deliver a judicial commission. The court exercises judicial power because the delivery is a ministerial duty that the judiciary may enforce without invading the executive sphere.
Jeanette Jensen, an alien facing deportation, challenges a one-house veto of her suspension. The court exercises judicial power to declare the veto unconstitutional because the resolution constitutes an exercise of legislative power that violates the separation of powers.
Article III Section 1 places the entire judicial power of the United States in a Supreme Court and in lower federal courts that Congress chooses to create. Judges of those courts receive life tenure and salary protection that cannot be diminished.
Supporting sources
Section 2 enumerates nine categories of cases and controversies that fall within the judicial power, including cases arising under federal law, admiralty cases, and controversies between states or between a state and citizens of another state.
Supporting sources
Yes. The amendment bars federal courts from hearing suits against a state brought by citizens of another state or by foreign citizens or subjects.
Supporting sources
Congress may repeal specific statutory grants of appellate jurisdiction but may not close every avenue of Supreme Court review or eliminate all federal judicial oversight of constitutional claims.
Supporting sources
No. Congress may not transfer cases of the type historically decided by Article III courts to legislative courts or administrative agencies without preserving Article III oversight.
Supporting sources
…protected by law and not resumable by the President. The question whether a right has vested is judicial and must be tried by judicial authority. The court has concluded the latest point of time at which the appointment was complete and evidenced was when, after the signature of the President, the seal of the United States was…