Omar Bennett
The US Constitution establishes the Supreme Court as the highest court in the country, but it also permits Congress to decide how to organize it. Congress has the power to constitute inferior tribunals to the Supreme Court, which are also referred to as lower federal courts or inferior federal tribunals. These inferior tribunals are subordinate to the Supreme Court and are established to address the Supreme Court's workload, preventing it from becoming oppressive. The Constitution does not create judicial bodies other than the Supreme Court, and Congress has the power to establish inferior tribunals and distribute federal jurisdiction among them.
| Characteristics | Values |
|---|---|
| Purpose | To resolve disputes involving or arising under federal laws, including questions about the constitutionality of such laws |
| Constitutional Basis | Article I, Section 8, Clause 9 of the United States Constitution |
| Congressional Power | To constitute inferior tribunals and courts, and to distribute federal jurisdiction among them |
| Judicial Review | Subject to review by the Supreme Court, which has the power to declare acts in violation of the Constitution |
| Relationship with Supreme Court | Inferior, subject to the supervisory authority of the Supreme Court, and cannot be placed entirely beyond it |
| Jurisdiction | Original jurisdiction over most federal cases, with the Supreme Court having appellate jurisdiction |
| Structure | Determined by Congress, which may establish inferior judicial bodies as needed |
| Permanence | May be created as special tribunals for specific matters, with varying degrees of permanence |
| Independence | Intended to maintain the independence of the judiciary and ensure oversight of executive power |
| Historical Context | Established by the Judiciary Act of 1789, with alterations over time |
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What You'll Learn
Congress' power to constitute inferior tribunals
The Constitution of the United States grants Congress the power to constitute inferior tribunals to the Supreme Court. This power is outlined in Article I, Section 8, Clause 9, which states that Congress has the authority to "constitute Tribunals inferior to the supreme Court". This means that Congress can establish lower federal courts that are subordinate to the Supreme Court.
The power to constitute inferior tribunals is important for several reasons. Firstly, it helps to reduce the workload of the Supreme Court by allowing for the creation of lower courts that can handle certain types of cases. This was recognised by James Madison, who argued that the Supreme Court’s appellate workload would become oppressive without inferior federal tribunals.
Secondly, it allows for the establishment of specialised courts or tribunals that can handle specific types of cases or disputes involving federal laws, including questions about the constitutionality of those laws. These are known as Article I tribunals, and they include entities such as bankruptcy courts and military tribunals.
The existence and power of Article I tribunals have been controversial and have been challenged numerous times. However, the Supreme Court has consistently affirmed their constitutionality and delineated their power. It is important to note that Article I tribunals are subject to review by Article III courts, which are the Supreme Court and the inferior courts established by Congress under Article III.
The distinction between Article I tribunals and Article III courts lies in the way they are constituted and their degree of permanence. Congress can 'constitute' tribunals by creating new bodies or designating existing bodies as inferior tribunals. On the other hand, to 'ordain and establish' inferior courts under Article III seems to suggest the creation of new courts in accordance with Article III.
In conclusion, the power of Congress to constitute inferior tribunals to the Supreme Court is an important aspect of the US judicial system. It allows for the creation of lower courts that support the Supreme Court and handle specific types of cases. While the existence of these tribunals has been controversial, the Supreme Court has affirmed their constitutionality and provided oversight to ensure they operate within their designated powers.
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The Supreme Court's appellate workload
The Supreme Court is the highest court in the United States, acting as the court of last resort for those seeking justice. It has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803.
The Constitution establishes the Supreme Court but permits Congress to decide how to organise it. Congress first exercised this power in the Judiciary Act of 1789, creating a Supreme Court with six justices and establishing the lower federal court system.
Article I, Section 8, Clause 9 of the Constitution empowers Congress to "constitute Tribunals inferior to the supreme court". This power relates to Congress's authority under Article III, Section 1, to ordain and establish inferior Courts. Article I tribunals are considered inferior to the Supreme Court, and their decisions are subject to review by Article III courts.
The existence of Article I tribunals has been controversial, and their power has been challenged and affirmed by the Supreme Court on several occasions. Madison argued that the Supreme Court's appellate workload would become oppressive without inferior federal tribunals. The Federalist No. 81, written by Alexander Hamilton, supports this view, stating that the power to constitute inferior courts relieves the necessity of having recourse to the Supreme Court in every case of federal cognisance.
The establishment of inferior tribunals allows for a separation of powers, ensuring that the judiciary remains independent of the other branches of government. It also provides a mechanism for oversight and control of inferior tribunals by Article III courts, preventing abuses of executive power.
In summary, the power to constitute inferior tribunals granted to Congress in Article I, Section 8, Clause 9, plays a crucial role in managing the Supreme Court's appellate workload. It ensures that the Supreme Court is not overwhelmed by cases and provides a mechanism for the separation of powers and oversight of inferior tribunals.
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The Judiciary Act of 1789
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.
The Act also organised the federal judiciary into district courts with original jurisdiction over most federal cases, intermediate circuit courts of appeal, and the Supreme Court.
Article I, Section 8, Clause 9 of the Constitution empowers Congress to "constitute Tribunals inferior to the supreme court". This power relates to the power given to Congress in Article III, Section 1 to ordain and establish inferior Courts. Article I thus empowers Congress to establish inferior judicial bodies, with Article III setting out the tenure conditions for judges.
The existence of Article I tribunals has been controversial, and their power has been challenged numerous times. The Supreme Court has consistently affirmed their constitutionality, ruling that Article I tribunal decisions are susceptible to review by an Article III court.
Madison argued that without inferior federal tribunals, the Supreme Court's appellate workload would become oppressive. Alexander Hamilton agreed, stating that the power of constituting inferior courts:
> is evidently calculated to obviate the necessity of having recourse to the Supreme Court in every case of federal cognizance.
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Article III courts
Article III, Section 1 of the US 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 Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
Article I, Section 8, Clause 9 of the US Constitution states that Congress has the power to:
> constitute Tribunals inferior to the supreme court
This power to constitute inferior tribunals is seen as distinct from the power to ordain and establish inferior courts, with the former suggesting the creation of new bodies or the designation of existing bodies as inferior tribunals, and the latter implying the creation of new courts in accordance with Article III.
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The independence of the judiciary
The concept of tribunals inferior to the Supreme Court is derived from Article I, Section 8, Clause 9 of the United States Constitution. This clause empowers Congress to "constitute Tribunals inferior to the supreme court".
The creation of inferior federal tribunals and courts was a subject of debate during the Constitutional Convention. Some delegates, like John Rutledge, argued that existing state courts should decide all cases, with a right of appeal to the Supreme Court. However, James Madison countered that without inferior federal tribunals, the Supreme Court's appellate workload would become unmanageable. This view was shared by Alexander Hamilton, who recognised the need for inferior courts to prevent every case from requiring recourse to the Supreme Court.
Article III of the Constitution, which establishes the federal judiciary, grants Congress the power to organise the judiciary and establish inferior courts. The Judiciary Act of 1789 was the first exercise of this power, creating a Supreme Court with six justices and a lower federal court system. Over time, the number of seats on the Supreme Court has varied, but since the Civil War, it has been fixed at nine justices, including one Chief Justice and eight Associate Justices.
The distinction between Article I tribunals and Article III courts is important. Article I tribunals are established by Congress to resolve disputes involving federal laws and questions about their constitutionality. These tribunals include both Article III courts and other adjudicative entities. Article III courts, on the other hand, are established by Congress under Article III of the Constitution and enjoy certain protections that Article I tribunals may not.
The Supreme Court has affirmed the constitutionality of Article I tribunals and delineated their powers. Notably, the Court has ruled that Article I tribunal decisions are subject to review by Article III courts, ensuring the latter's ultimate supremacy and maintaining the independence of the judiciary from other branches of government.
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Frequently asked questions
Tribunals inferior to the Supreme Court are established to resolve disputes involving or arising under federal laws, including questions about the constitutionality of such laws. They also help reduce the Supreme Court's workload.
Congress has the power to constitute inferior tribunals, but it may not establish inferior courts that are not answerable to the Supreme Court.
Article I tribunals are those that are established by Congress under Article I, Section 8, Clause 9 of the United States Constitution. They are considered inferior to the Supreme Court and are subject to oversight and control by Article III courts.
Inferior tribunals are subject to the supervisory authority of the Supreme Court and must remain inferior to it. The Supreme Court has the power of judicial review, which allows it to declare acts of Congress or the Executive that are in violation of the Constitution.
