The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court .

The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.

Relying on the Exceptions Clause, the Supreme Court held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

[3] But, these statutory grants were construed not to permit writs of error filed by the prosecution, as in More.

That requirement remains acceptable in law as a matter of statutory interpretation, not constitutional command.