How did the courts get the power of judicial power?

Answer 1

The US Supreme Court's powers are specified by Article III of the US Constitution. The Court's authority derives from the constitutional assignment of the Judicial branch as a co-equal branch in the United States' tripartite government. As head of the Judicial branch, the Supreme Court is empowered to exercise the constitutional rights and responsibilities of that branch.

Article III, Section 1, mandates the creation of a Supreme Court and commissioning of Justices:

The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office.

Article III, Section 2, of the US Constitution explicitly spells out the responsibility of the Court:

The judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and treaties made, or which shall be made, under their authority;--to all cases affecting ambassadors, other public ministers and consuls;--to all cases of admiralty and maritime jurisdiction;--to controversies to which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state [later revoked by the 11th Amendment];--between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects.

Other legislation (the Judiciary Act of 1789, Title 28 of the U.S. Code, etc.) and case law (beginning with Marbury v. Madison, (1803)) also establishes that the Supreme Court may review (with a few exceptions) any civil or criminal "cases and controversies" arising from questions of constitutional or federal law, or from US treaties, including cases in which the High Court determines Congress has passed unconstitutional legislation (thus, nullifying the law).

Article III, Section 2 also allocates to the US Supreme Court original jurisdiction over a limited class of cases:

In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make.

The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.

The Court's original jurisdiction was later changed slightly by the 11th Amendment:

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

The Supreme Court is also governed by Title 28 of the United States Code.

Answer 2

By virtue of the US Constitution, and the establishment of the three branches of government - Executive - Legislative and Judicial.

Answer 3

after the separation of power reform act 2005, they get the power of in dependency.

Answer 4

by sucking it

Answer 5

sukhi has thrush