Where in the Constitution does it create the Supreme Court?

Answer 1

Article III, Section 1, of the US Constitution mandates the creation of a Supreme Court and authorizes some form of judicial system consisting of inferior courts, but doesn't specify the number, type or jurisdiction of the inferior courts. The Constitution established a framework for the judiciary, but left the details to Congress.

Congress enacted legislation for both the Supreme Court and a rudimentary federal court system in the Judiciary Act of 1789. The number and configuration of federal courts has changed a number of times over the years; however, the Supreme Court has remained a constant at the head of the Judicial branch of government.

Article III

Section 1. 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.

Section 2. 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;--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.

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.

Section 3. Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted.

For more information about the establishment of the US Supreme Court, see Related Links, below.

Answer 2

Article III, Section 1 of the Constitution commands Congress to create a Supreme Court; the document doesn't directly create the the Court itself.

Congress actually created the Supreme Court with the Judiciary Act of 1789; it didn't functionally exist until September 1789, and didn't meet for the first time until February 2, 1790.

Article III, Section 1

"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."