
The US Constitution establishes a federal system of government, with power shared between federal and state governments, each with their own court systems. Article III of the Constitution establishes the judicial branch as one of the three distinct branches of the federal government, alongside the legislative and executive branches. The first Congress established a Federal court system through the Judiciary Act of 1789, which was signed by President Washington. This act created a three-part system of federal courts, including a Supreme Court, district courts, and circuit courts. The Supreme Court is the highest court in the US, with nine justices, while the district and circuit courts have specific jurisdictions.
| Characteristics | Values |
|---|---|
| Established by | Judiciary Act of 1789 |
| Signed by | President Washington |
| Date signed | 24 September 1789 |
| Branches of federal government | Legislative, executive, and judicial |
| Number of branches | 3 |
| Judicial branch's authority | To decide the constitutionality of federal laws and resolve cases involving federal laws |
| Number of justices | 9 |
| Types of justices | 8 associate justices and 1 chief justice |
| Who appoints justices | The President |
| Who confirms justices | The Senate |
| Term of justices | Life |
| Number of U.S. courts of appeals | 13 |
| Number of U.S. district courts | 94 |
| Number of U.S. bankruptcy courts | 90 |
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What You'll Learn
- The Constitution establishes the judicial branch as one of three branches of the federal government
- The Supreme Court is the highest court in the US
- Federal laws are passed by Congress and signed by the President
- Federal trial courts are established for specific areas
- The federal court system today closely resembles the one created in 1789

The Constitution establishes the judicial branch as one of three branches of the federal government
The U.S. Constitution, as the supreme law of the land, creates a federal system of government where power is shared between the federal and state governments. Both the federal government and each of the state governments have their own court systems. The U.S. Supreme Court is the highest court in the United States, with nine justices, including one chief justice and eight associate justices. The Constitution does not set any requirements for Supreme Court justices, but all current members are lawyers and most have served as circuit court judges. The Supreme Court has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law.
The establishment of a national judiciary was considered one of the most important tasks of the new Congress. The Judiciary Act of 1789 was one of the first acts of the new Congress, establishing a Federal court system. This Act addressed questions left unanswered by the Constitution, such as the jurisdiction of the Supreme Court and the federal judiciary. The Judiciary Act established a three-part system of federal courts, including the Supreme Court, district courts, and circuit courts.
Federal trial courts have also been established for specific subject areas, such as bankruptcy, tax, claims against the federal government, and international trade. Cases based on state law may also be brought to federal court under the court's "diversity jurisdiction", which allows a plaintiff from one state to file a lawsuit in federal court if the defendant is from a different state.
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The Supreme Court is the highest court in the US
The Supreme Court of the United States is the highest court in the country. It was established by Article III of the US Constitution, which states that "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." This article also created the legislative and executive branches of the federal government, with which the judicial branch operates within a constitutional system of "checks and balances".
The Supreme Court is made up of nine justices: one chief justice and eight associate justices. These justices are appointed by the President and confirmed by the Senate, serving for life. The Court has the power to decide appeals on all cases brought in federal court or those brought in state court but dealing with federal law. For example, if a First Amendment freedom of speech case was decided by a state supreme court, it could be appealed to the federal Supreme Court. However, if the same case were decided solely based on state law, the Supreme Court would not be able to consider it.
The Supreme Court's decisions can impose limitations on the scope of Executive authority and define the separation of powers between the legislative and executive branches of the federal government. For instance, in United States v. Curtiss-Wright Export Corp. (1936), Dames & Moore v. Regan (1981), and notably in Goldwater v. Carter (1979), the Supreme Court effectively gave the presidency the power to terminate ratified treaties without seeking Congress's consent.
The Supreme Court's power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution, is not explicitly mentioned in the Constitution. However, the Court established this power through cases such as Marbury v. Madison. The Court's rulings are binding and create precedent in American law.
The lower federal court system, including the 13 appellate courts and 94 district courts, was established by the Judiciary Act of 1789, signed by President Washington. This Act also created a Supreme Court with six justices, a number that has since changed over the years, ranging from five to ten.
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Federal laws are passed by Congress and signed by the President
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments, each with its own court system. Article III of the Constitution establishes the judicial branch as one of the three distinct branches of the federal government, alongside the legislative and executive branches.
Below the Supreme Court are 13 appellate courts, or courts of appeals, that determine whether laws were applied correctly in trial courts or federal administrative agencies. The 94 district or trial courts across the nation resolve disputes by determining facts and applying relevant laws. These courts are referred to as US district courts. Additionally, there are 90 bankruptcy courts to handle bankruptcy proceedings.
Congress has the authority to establish inferior federal courts, and in the Judiciary Act of 1789, it established a three-part system of federal courts, including district and circuit courts, with limited jurisdiction. This Act was one of the first acts of the new Congress and established a Federal court system, recognising that a full-blown Federal court system would not be palatable to the people of the United States at the time.
Federal trial courts have also been established for specific subject areas, such as tax, claims against the federal government, and international trade. Cases based on state law may also be brought to federal court under "diversity jurisdiction," where the plaintiff and defendant are from different states and the amount in controversy exceeds $75,000.
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Federal trial courts are established for specific areas
The U.S. Constitution establishes a federal system of government, with power shared between the federal and state governments, each with its own court systems. Article III of the Constitution establishes the judicial branch as one of the three distinct branches of the federal government, alongside the legislative and executive branches.
The U.S. Supreme Court is the highest court in the United States, with nine justices, including one chief justice and eight associate justices. The Supreme Court was created by Article III of the Constitution, which also authorised Congress to pass laws establishing a system of lower courts.
Federal trial courts have been established for specific areas, with each federal district having a bankruptcy court. Additionally, some courts have nationwide jurisdiction for issues such as tax, claims against the federal government, and international trade. These include the United States Tax Court, the United States Court of Federal Claims, and the United States Court of International Trade.
Beyond the Federal Circuit, certain courts have been established to deal with appeals on specific subjects, such as veterans' claims and military matters. These include the United States Court of Appeals for Veterans Claims and the United States Court of Appeals for the Armed Forces.
The nation's 94 district or trial courts are called U.S. district courts, which resolve disputes by determining the facts and applying the law to those facts. There are also 90 U.S. bankruptcy courts.
The first Congress decided that it could regulate the jurisdiction of all Federal courts, and in the Judiciary Act of 1789, it established a limited jurisdiction for the district and circuit courts. This act also gave the Supreme Court original jurisdiction and granted it appellate jurisdiction in cases from the Federal circuit courts and state courts where federal claims were rejected.
The federal court system closely resembles the one created in 1789, indicating that the First Congress successfully established a functional judicial system.
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The federal court system today closely resembles the one created in 1789
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments. Each has its own court system. Article III of the Constitution establishes the judicial branch as one of the three distinct branches of the federal government, alongside the legislative and executive branches.
The First Congress established a Federal court system through the Judiciary Act of 1789, signed by President Washington. This act created a three-part system of federal courts, including a Supreme Court, district courts, and circuit courts. The Supreme Court was given original jurisdiction, and the Court was granted appellate jurisdiction in cases from the Federal circuit courts and state courts where Federal claims had been rejected.
The federal court system has seen minor adjustments since 1789, and Congress has continued to build on the interpretation of the Judiciary Act, exercising discretionary power to expand or restrict Federal court jurisdiction. The founders of the new nation believed that the establishment of a national judiciary was one of their most important tasks.
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Frequently asked questions
Yes, Article III of the U.S. Constitution establishes the judicial branch as one of the three separate and distinct branches of the federal government.
The three branches are the legislative, executive, and judicial branches. They operate within a constitutional system of checks and balances.
The judicial branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. Federal trial courts have also been established for specific subject areas, such as bankruptcy and tax.
The U.S. Supreme Court is the highest court in the United States. It has the power to decide appeals on all cases brought in federal or state court dealing with federal law.
Supreme Court justices are appointed by the President and confirmed by the Senate for a life term. There are nine justices on the court, including eight associate justices and one chief justice, who is chosen by the President and approved by Congress.

























