The Constitution's Court System: How Many?

how many courts are created by the constitution

The US Constitution establishes a federal judiciary system, with the Supreme Court at the apex. Article III, Section I of the Constitution 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. The Supreme Court is the highest court in the land, serving as the court of last resort and exercising judicial review to ensure each branch of government recognizes its limits. The Constitution grants Congress the authority to determine the structure of the Supreme Court and establish inferior federal courts. This power was first exercised through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. The federal court system includes district or trial courts, bankruptcy courts, and circuit courts, with judges appointed by the President and confirmed by the Senate. The US Constitution, through its establishment of the federal judiciary, provides a framework for resolving disputes and interpreting the law within a system of checks and balances.

Characteristics Values
Number of courts created by the Constitution 1 (The Supreme Court)
Number of justices on the Supreme Court 9 (8 associate justices and 1 chief justice)
Appointment and confirmation of justices Appointed by the President and confirmed by the Senate
Term of justices Life term
Removal of justices Impeachment by the House of Representatives and conviction by the Senate
Jurisdiction of the Supreme Court Original jurisdiction over certain cases and appellate jurisdiction on almost any other case involving constitutional or federal law
District courts 94 district or trial courts
Bankruptcy courts 90
Circuit courts Divided into 12 regional circuits and 1 Federal Circuit

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The US Constitution establishes the Supreme Court

While the Constitution establishes the Supreme Court, it gives Congress the power to decide how to organize it. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. After the Civil War, the number of seats was fixed at nine, which remains the current number of justices on the court.

The Supreme Court plays a crucial role in the US constitutional system of government. As the highest court in the land, it is the court of last resort for those seeking justice. It also has the power of judicial review, which means it can strike down laws that violate the Constitution and ensure that each branch of government recognizes the limits of its power. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors, and appellate jurisdiction on almost any case involving a point of constitutional or federal law.

The Supreme Court's decisions have a significant impact on society, as they can shape the interpretation and application of constitutional rights and set precedents that lower courts must follow. The justices of the Supreme Court are appointed by the President and confirmed by the Senate, typically serving for life. This independence from the political branches of government is designed to protect the integrity of the judiciary and ensure impartial decision-making.

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Congress created a lower federal court system

The Constitution of the United States establishes the federal judiciary. Article III, Section I of the Constitution states:

> "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."

Article III created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. One of the first acts of the new Congress was to establish a Federal court system through the Judiciary Act, signed by President Washington on September 24, 1789. This Act created a Supreme Court with six justices and also established the lower federal court system.

The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). It also established a limited jurisdiction for the district and circuit courts, and granted the Court appellate jurisdiction in cases from the Federal circuit courts and state courts where those courts' rulings had rejected Federal claims.

The Supreme Court is the highest court in the United States. Below it are 13 appellate courts, called U.S. courts of appeals. These courts determine whether the law was applied correctly in the trial court or federal administrative agency. The nation's 94 district or trial courts are called U.S. district courts. These courts resolve disputes by determining the facts and applying the law to those facts. There are also 90 U.S. bankruptcy courts to help people and businesses that cannot pay their debts get a "fresh start."

The federal courts are split into twelve regional circuits and one Federal Circuit. The Fifth Circuit, for example, includes the states of Texas, Louisiana, and Mississippi. Cases from the district courts of those states are appealed to the United States Court of Appeals for the Fifth Circuit, which is headquartered in New Orleans, Louisiana.

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Federal and state courts

The US Constitution establishes a federal judiciary system, with Article III, Section I stating 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 system includes both federal and state courts, with the Supreme Court at the apex, empowered to decide the constitutionality of federal and state laws.

Federal Courts

The federal court system was established by the Judiciary Act of 1789, which created a Supreme Court with six justices and a lower federal court system. The Supreme Court is the highest court in the land, with nine justices, including one chief justice and eight associate justices, all appointed by the President and confirmed by the Senate for life terms. The Court has original jurisdiction over cases between states and those involving ambassadors, and appellate jurisdiction over cases involving constitutional or federal law.

The federal court system also includes 94 district or trial courts, known as US district courts, which handle civil and criminal trials within the federal court system. These courts are presided over by district court judges, who are also appointed by the President and confirmed by the Senate for life, and they can be impeached and removed by Congress. There are also 90 bankruptcy courts to help individuals and businesses unable to pay their debts.

Additionally, there are circuit courts, which hear appeals from district courts. Each circuit court has multiple judges, ranging from six to twenty-nine, who are also appointed for life.

State Courts

State courts operate at the state level and handle cases that fall under state jurisdiction. While the Supreme Court has the authority to rule on the constitutionality of state laws, state courts are still crucial in interpreting and applying state laws and resolving disputes within their respective states.

In summary, the US Constitution establishes a federal judiciary with the Supreme Court at the pinnacle, interpreting and enforcing the Constitution. The federal court system includes district, bankruptcy, and circuit courts, while each state also has its own court system to address legal matters at the state level.

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Federal judges are selected by the President

The Constitution of the United States establishes a federal judiciary system, with the Supreme Court at the apex. Article III, Section I of the Constitution states:

> "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."

Article III of the Constitution thus created the Supreme Court and empowered Congress to establish lower federal courts. The Constitution does not specify any eligibility criteria for federal judges, including Supreme Court justices. However, it does outline the process of appointing federal judges, including those on the Supreme Court.

Federal judges, including Supreme Court justices, are selected by the President and confirmed by the Senate. This process is outlined in Article II's Appointments Clause, which delegates the task of nominating federal judges to the President. The President's role in judicial selection has evolved over time, influenced by political circumstances and the growth of government bureaucracy. While some presidents have been intimately involved in the selection process, others have delegated this responsibility to their attorney general.

The Senate plays a crucial role in confirming the President's nominations, providing advice and consent. Federal judges are typically appointed for life, holding their offices during "good behaviour." This tenure can be cut short if they are impeached by the House of Representatives and convicted by the Senate. The process of appointing federal judges reflects the constitutional system of "checks and balances" between the executive and legislative branches.

The federal judiciary comprises various courts, including the Supreme Court, 94 district or trial courts, and several Article I courts, such as the U.S. Court of Appeals for Veterans Claims and the U.S. Tax Court. These courts play a vital role in interpreting and upholding the Constitution, ensuring that each branch of government recognises the limits of its power.

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District courts handle trials

The Constitution of the United States divides the government into three coequal branches: the legislative, executive, and judicial. Article III of the Constitution establishes the federal judiciary, which includes the Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish." The Supreme Court is the highest court in the United States, with the final say on Constitutional matters and the authority to strike down laws that violate the Constitution.

The first Congress established a Federal court system through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. This act gave the Supreme Court original jurisdiction as provided for in the Constitution and appellate jurisdiction in cases from federal circuit courts and state courts where federal claims were rejected.

The district courts, also known as trial courts, are the general trial courts of the federal court system. There are 94 district courts in the nation, each with at least one district judge appointed by the President and confirmed by the Senate for a life term. District court judges are responsible for managing the court and supervising court employees, and they can be impeached and removed by Congress. District courts handle both civil and criminal trials within the federal court system. They resolve disputes by determining the facts and applying the law to those facts.

In criminal matters, magistrate judges, who are appointed by district courts and serve a term of eight years if full-time, may oversee certain cases, issue warrants, conduct initial hearings, set bail, and decide on motions. In civil cases, magistrates handle pre-trial motions and discovery. Once a district court has finalized a decision, any case may be appealed to the circuit court, which has multiple judges appointed for life. Appeals are first heard by a panel of three circuit court judges, who consider the briefs filed by the parties and schedule oral arguments.

Frequently asked questions

The Constitution created one Supreme Court and permitted Congress to decide how to organise it and establish inferior courts.

The Supreme Court is the highest court in the United States and is the court of last resort for those seeking justice. It also has the power of judicial review, ensuring each branch of government recognises the limits of its power.

There are nine justices on the court, eight associate justices and one chief justice.

Justices are appointed by the President and confirmed by the Senate. They hold their position for life, though many resign or retire earlier. Justices may also be removed by impeachment.

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