
The US Constitution divides the government into three branches: legislative, executive, and judicial. The federal judiciary is further divided into constitutional and legislative (or special) courts. Constitutional courts include the Supreme Court and lower federal courts, such as district courts and circuit courts of appeals. These courts have broad jurisdiction to hear a wide range of cases and controversies and answer constitutional questions. Legislative courts, on the other hand, are established by Congress to address specific areas of federal law. They include the United States Tax Court, territorial courts, and special courts such as the US Court of Appeals for Veterans Claims. These courts help streamline the judicial process by providing expertise in specific areas of law. While constitutional court judges serve lifelong appointments, legislative court judges are appointed for fixed terms by Congress.
| Characteristics | Values |
|---|---|
| Type of Court | Constitutional Courts, Special Courts/Legislative Courts |
| Court System | Constitutional Courts are part of the federal court system; Special Courts are established at the state and local level |
| Jurisdiction | Constitutional Courts have broad jurisdiction; Special Courts have focused jurisdiction over particular areas of law or specific issues |
| Judges | Constitutional Court judges are appointed for life; Special Court judges are appointed for terms set by Congress and are often not lawyers |
| Function | Constitutional Courts ensure laws and government actions are in line with the Constitution; Special Courts streamline the judicial process by providing expertise in specific areas of law |
| Examples | Constitutional Courts include the Supreme Court, district courts, and circuit courts of appeals; Special Courts include the United States Tax Court, the United States Court of Appeals for Veterans Claims, and territorial courts |
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What You'll Learn
- Legislative courts are established by Congress under Article I of the Constitution
- Constitutional courts are established by Article III of the Constitution
- Special courts handle the majority of cases in the US
- Special courts don't follow the same procedural rules as general-jurisdiction courts
- Constitutional courts include the Supreme Court and lower federal courts

Legislative courts are established by Congress under Article I of the Constitution
In the United States, the federal judiciary consists of two main types of courts: legislative courts and constitutional courts. Legislative courts, also known as Article I courts, are established by Congress under Article I of the Constitution.
Article I grants Congress the power to legislate and make laws, including the power to establish courts that enforce these laws. Legislative courts are specialized courts that address specific areas of federal law, such as tax law or territorial law. They ensure that cases requiring specialized knowledge are handled by judges with expertise in those legal areas. For example, the United States Tax Court handles disputes between taxpayers and the Internal Revenue Service (IRS). Legislative court judges are appointed by Congress and serve for fixed terms, rather than lifetime appointments.
Congress has used its legislative powers to create a significant number of legislative courts, which has contributed to the complexity of the federal judiciary. These courts are established through legislative acts and are dedicated to administering particular sectors of federal law.
Article III of the Constitution addresses Constitutional courts, which include the Supreme Court and lower federal courts such as district courts and circuit courts of appeals. These courts possess broad judicial powers and can hear a wide range of cases and controversies. Judges in these courts have lifetime appointments, protecting their independence from the executive and legislative branches.
The distinction between legislative and constitutional courts was first made in the case of American Ins. Co. v. Canter, which involved the admiralty jurisdiction of the territorial court of Florida. The Supreme Court's rulings on the status of certain courts as legislative or constitutional have not always been consistent, as seen in the case of the Court of Claims.
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Constitutional courts are established by Article III of the Constitution
The US Constitution, with its system of checks and balances, divides the US government into three branches: the legislative, executive, and judicial. The judicial branch, in turn, has the authority to decide the constitutionality of federal laws and resolve other cases involving federal laws.
Article III constitutional court judges serve lifelong appointments, protecting their independence from the executive and legislative branches of government. This is in contrast to legislative court judges, who are appointed for terms set by Congress.
The Supreme Court is the highest court in the United States. Below it are 13 appellate courts, or courts of appeals, which determine whether the law was correctly applied in the trial court or federal administrative agency. The US also has 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.
Legislative courts, on the other hand, are established by Congress under Article I of the Constitution. These courts have focused jurisdiction, dealing with particular areas of law or specific issues. Examples include the United States Tax Court, which handles disputes between taxpayers and the Internal Revenue Service (IRS), and territorial courts, which function similarly to local trial courts in places like Guam and the US Virgin Islands.
Special courts, which handle the vast majority of cases brought in the United States, are another type of court that differs from constitutional courts. Special courts handle both civil and criminal disputes and often proceed without attorneys or law-trained judges. Cases in special courts are more likely to be disposed of without a trial, and if there is a trial, it is usually heard more rapidly than in a court of general jurisdiction.
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Special courts handle the majority of cases in the US
The US judicial system is composed of two main types of courts: legislative courts and constitutional courts. Legislative courts, also known as special courts, are established by Congress under Article I of the Constitution to address specific areas of federal law. They have focused or specialised jurisdiction, meaning they deal with particular areas of law or specific issues. These include the United States Tax Court, which handles disputes between taxpayers and the Internal Revenue Service (IRS), and territorial courts, which function similarly to local trial courts in places like Guam, the US Virgin Islands, and the Northern Mariana Islands.
Constitutional courts, on the other hand, are established under Article III of the Constitution and include the Supreme Court and lower federal courts such as district courts and circuit courts of appeals. These courts have broad judicial power to decide constitutional questions and hear a wide range of cases and controversies. They can address issues related to the constitutionality of federal laws and resolve cases involving federal laws. Constitutional court judges serve lifelong appointments to protect their independence from the executive and legislative branches of government.
Special courts play a crucial role in the US judicial system by handling the majority of cases. Their specialised nature ensures that judges with expertise in specific legal areas preside over relevant cases. For instance, the United States Tax Court allows taxpayers to dispute tax deficiencies determined by the IRS before making any payments. Similarly, the United States Court of Appeals for Veterans Claims provides an impartial forum for veterans to seek judicial review of decisions made by the Board of Veterans' Appeals. This court ensures equal access for all veterans and promotes public trust and confidence.
The US Court of Appeals for the Armed Forces is another example of a special court with a specific mandate. It holds appellate jurisdiction over active-duty members of the armed forces and those subject to the Uniform Code of Military Justice. The court's cases often involve legal issues such as constitutional law, criminal law, ethics, administrative law, and national security law. The US Court of International Trade is yet another special court with exclusive jurisdiction to decide civil actions against the United States, its officers, or its agencies arising from international trade laws.
The prevalence of special courts in the US judicial system is a result of their ability to streamline the judicial process. By focusing on specific areas of law, these courts ensure efficient handling of cases and provide specialised knowledge and expertise. Administrative agencies, such as the Social Security Administration, also contribute to this specialised structure by maintaining their own adjudicative bodies to handle disputes related to their particular regulations.
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Special courts don't follow the same procedural rules as general-jurisdiction courts
The United States judicial system consists of two main types of courts: legislative courts and constitutional courts. Legislative courts, also known as special courts, are established by Congress under Article I of the Constitution to address specific areas of federal law. These courts have focused or specialised jurisdiction, meaning they deal with particular areas of law or specific issues. For example, the United States Tax Court handles disputes between taxpayers and the Internal Revenue Service (IRS).
Constitutional courts, on the other hand, are established under Article III of the Constitution and include the Supreme Court and lower federal courts such as district courts and circuit courts of appeals. These courts have broad judicial power to answer constitutional questions and can hear a wide range of cases and controversies.
One key difference between special courts and general-jurisdiction courts is that special courts do not follow the same procedural rules. Special courts often proceed without the involvement of attorneys or even law-trained judges. The judges who serve in special courts are typically elected rather than selected based on merit, as is common in general-jurisdiction courts. Additionally, most special court judges are not lawyers. This deviation from standard procedural rules contributes to the expedited handling of cases in special courts.
The distinction between special courts and general-jurisdiction courts is further highlighted in the disposition of cases. In special courts, cases are more likely to be resolved without a trial, and if a trial or hearing occurs, it is generally conducted more swiftly than in a court of general jurisdiction. This efficiency in case management underscores the specialised nature of these courts.
It is important to note that the United States Court of Appeals for Veterans Claims, established under Article I of the Constitution, exemplifies the exclusive jurisdiction granted to special courts. This court provides an impartial forum for veterans to seek judicial review of decisions made by the Board of Veterans' Appeals within the Department of Veterans Affairs.
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Constitutional courts include the Supreme Court and lower federal courts
Constitutional courts, including the Supreme Court and lower federal courts, form the mainstay of the federal judiciary in the United States. These courts are established by Article III of the Constitution, which grants them broad judicial powers to answer constitutional questions. The Supreme Court is the highest court in the country, with 13 appellate courts sitting below it, known as the US Courts of Appeals. These appellate courts review the application of law in trial courts or federal agencies.
The lower federal courts include 94 district or trial courts, which resolve disputes by determining facts and applying relevant laws. These district courts are supplemented by 90 bankruptcy courts, which provide a fresh start for individuals and businesses unable to pay their debts.
Constitutional court judges are appointed for life, protecting their independence from the executive and legislative branches of government. This independence ensures that constitutional courts can effectively perform their role of interpreting the Constitution and evaluating the constitutionality of federal laws and government actions.
In contrast, special courts are established to address specific areas of law or handle different kinds of cases. They are often established under Article I of the Constitution and are also known as legislative courts. These courts have a focused or specialised jurisdiction, dealing with particular legal issues or subject matters. For example, the United States Tax Court handles disputes between taxpayers and the Internal Revenue Service, while Territorial Courts function as local trial courts in places like Guam and the US Virgin Islands. Special courts also include criminal courts with limited jurisdiction, such as traffic or misdemeanour courts.
Legislative court judges are typically not lawyers and are appointed for fixed terms set by Congress, rather than serving lifelong appointments. This distinction in the appointment and expertise of judges is a key difference between constitutional and special courts in the US judicial system.
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Frequently asked questions
Special courts are established to handle specific kinds of cases, and they exist at both the federal and state government levels. They handle the vast majority of cases brought in the United States. Special courts include criminal disputes, such as traffic court, and civil disputes, such as the United States Tax Court.
Constitutional courts are established by Article III of the Constitution and include the Supreme Court and lower federal courts, such as district courts and circuit courts of appeals. They have broad judicial power to answer constitutional questions and hear a wide range of cases and controversies.
Special courts handle cases that require specialized knowledge, whereas constitutional courts have broad jurisdiction. Special courts are more likely to dispose of cases without a trial, and they do not follow the same procedural rules as general-jurisdiction courts. Constitutional courts, on the other hand, have judges that serve lifelong appointments to protect their independence.
Examples of special courts include the United States Court of Appeals for Veterans Claims, the United States Tax Court, and Territorial Courts in places like Guam and the U.S. Virgin Islands.






















![Report of the Special Committee on Judiciary Department of the Pennsylvania Bar Association. 1912 [Leather Bound]](https://m.media-amazon.com/images/I/61IX47b4r9L._AC_UY218_.jpg)

