What The Constitution Says About The “supreme Court”

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.

It’s not dispositive, but it puts the Congress on stronger ground than Alito or Roberts.

Here’s section one:

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.

As Steve Vladeck points out, this establishes a court, but doesn’t give it a courtroom, staff, or even a bench of justices.  Congress cannot direct the outcome of court cases. But Congress can still regulate the Court.

Section two details the jurisdiction mentioned in sentence one of section two. Section three defines treason and limits Congress’s ability to legislate it. And that’s it for Article Three.

The Court’s role in the tripartite government structure is largely a matter of tradition and, rather conveniently, court rulings. But the lower courts are subject to ethical rules. There is no constitutional reason why the Supreme Court shouldn’t be.

Who watches the watchers, after all?