ial Power

"JUDICIAL POWER"

Judicial power, as Justice Miller defined it in 1891, is the power "of a
court to decide and pronounce a judgment and carry it into effect
between persons and parties who bring a case before it for decision";[1]
or in the words of the Court in Muskrat _v._ United States,[2] it is
"the right to determine actual controversies arising between adverse
litigants, duly instituted in courts of proper jurisdiction."[3]
Although the terms "judicial power" and "jurisdiction" are frequently
used interchangeably and jurisdiction is defined as the power to hear
and determine the subject matter in controversy between parties to a
suit,[4] or as the "power to entertain the suit, consider the merits and
render a binding decision thereon,"[5] the cases and commentaries
support and, for that matter, necessitate a distinction between the two
concepts. Jurisdiction is the authority of a court to exercise judicial
power in a specific case and is, of course, a prerequisite to the
exercise of judicial power, which is the totality of powers a court
exercises when it assumes jurisdiction and hears and decides a case.[6]
Included with the general power to decide cases are the ancillary powers
of courts to punish for contempts of their authority,[7] to issue writs
in aid of jurisdiction when authorized by statute;[8] to make rules
governing their process in the absence of statutory authorizations or
prohibitions;[9] inherent equitable powers over their own process to
prevent abuse, oppression and injustice, and to protect their own
jurisdiction and officers in the protection of property in custody of
law;[10] the power to appoint masters in chancery, referees, auditors,
and other investigators;[11] and to admit and disbar attorneys.[12]

"SHALL BE VESTED"

The distinction between judicial power and jurisdiction is especially
pertinent to the meaning of the words "shall be vested." Whereas all of
the judicial power of the United States is vested in the Supreme Court
and the lower federal judiciary, neither has ever been vested with all
the jurisdiction they are capable of receiving under article III. Except
for the original jurisdiction of the Supreme Court, which flows directly
from the Constitution,[13] two prerequisites to jurisdiction must be
present. First, the Constitution must have given the courts the capacity
to receive it; second, an act of Congress must have conferred it.[14]

FINALITY OF JUDGMENT