The Constitution of the United States of America listed the third arm of the government as the Judicial branch. The first two were the Executive (Presidential) and the Legislative (Congress: House of Representatives and Senate).
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The Supreme Court is not in the Congress. The Supreme court is at the top of the judicial branch of government, a co-equal branch with Congess.
The United States Supreme Court
Marbury V. Madison.
The decision in Marbury helped establish the Judicial branch, lead by the Supreme Court, as co-equal with the Legislative and Executive branches, when Chief Justice Marshall affirmed the courts' power of judicial review.Marshall's interpretation of Article III was that, as an independent branch of the federal government, part of the Court's responsibility was judicial review, which allows the Supreme Court to analyze legislation relevant to a case before the Court and nullify any laws they determine to be unconstitutional.This enabled the Court to check the power of the Legislative and Executive branches by preventing them from imposing legislation that violated citizens' constitutional rights.Case Citation:Marbury v. Madison, 5 US 137 (1803)
John Marshall, the fourth Chief Justice of the United States, who served from 1801-1835, and was instrumental in establishing the Supreme Court as a branch of government equal in power and importance to the Legislative and Executive branches.