Eleanor Finch
The federal court system in the United States comprises two types of courts: trial courts and appellate courts. Article III of the US Constitution establishes the federal judiciary, with the US Supreme Court at its apex, and permits Congress to create lower federal courts, namely circuit and district courts. The Supreme Court has original jurisdiction over certain cases, such as suits between states, and appellate jurisdiction over almost all other cases involving constitutional or federal law. The federal court system was established by the Judiciary Act of 1789, which created a Supreme Court with six justices and the lower federal court system.
| Characteristics | Values |
|---|---|
| Established by | Article III of the U.S. Constitution |
| Court system | Federal and state |
| Federal courts | District and circuit courts |
| Federal trial courts | Bankruptcy, tax, claims against the federal government, and international trade |
| Federal laws | Passed by Congress and signed by the President |
| Federal judges | Appointed by the President and confirmed by the Senate |
| Supreme Court justices | 9 (1 chief justice and 8 associate justices) |
| Supreme Court jurisdiction | Original and appellate |
| Supreme Court powers | Judicial review, declaring acts in violation of the Constitution |
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What You'll Learn
The Supreme Court
Article III of the US Constitution establishes the federal judiciary, with the US Supreme Court at its apex. This article authorises Congress to pass laws establishing a system of lower courts. The Supreme Court is the highest court in the US and has the power to decide appeals on all cases brought in federal court, or those brought in state court but dealing with federal law.
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Circuit and District Courts
Article III of the US Constitution establishes the judicial branch as one of the three distinct branches of the federal government. These three branches—the legislative, executive, and judicial—function within a constitutional system of "checks and balances". While each branch is formally separate, the Constitution often requires cooperation among them.
The US Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The nation's 94 district or trial courts are called US district courts. District courts resolve disputes by determining the facts and applying the law to those facts. The federal district court is the starting point for any case arising under federal statutes, the Constitution, or treaties. This type of jurisdiction is called "original jurisdiction".
There are 12 federal circuits that divide the country into different regions. 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 US Court of Appeals for the Fifth Circuit, which is headquartered in New Orleans, Louisiana. When the courts of appeals were created in 1891, one was created for each of the nine circuits then existing.
Any case may be appealed to the circuit court once the district court has finalized a decision. Appeals to circuit courts are first heard by a panel consisting of three circuit court judges.
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Federal jurisdiction
The federal court system in the United States comprises two tiers: the Supreme Court and lower federal courts, namely circuit and district courts. Article III of the US Constitution establishes the federal judiciary, with the Supreme Court at its apex, and authorises Congress to establish a system of lower federal courts.
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 Supreme Court is the highest court in the American judicial system. It 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 Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and cases involving ambassadors and other public ministers. It also has appellate jurisdiction over almost all other cases involving a point of constitutional and/or federal law.
The lower federal courts include 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts. There are also 13 appellate courts, called US courts of appeals, which determine whether the law was applied correctly in the trial court or federal administrative agency.
Federal trial courts have also been established for specific subject areas, such as tax, claims against the federal government, and international trade. Each federal district has a bankruptcy court, and there are 90 of these in total.
The federal court system operates separately from the state court system, which includes municipal and local courts. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorised by the US Constitution or federal statutes. This is known as ""original jurisdiction". In some cases, there may be an overlap between the jurisdiction of state courts and federal courts, and a plaintiff may choose which court to bring a case to.
The members of the Supreme Court are referred to as "justices", and they are appointed by the President and confirmed by the Senate for a life term. There are no specific requirements for Supreme Court justices, but they must exhibit a knowledge of the law and the Constitution. Attorneys, state or lower court judges, or law professors are most commonly appointed.
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Appointment of judges
Article III of the US Constitution establishes the federal judiciary, with the US Supreme Court at its apex. The Constitution also permits Congress to decide how to organise the Supreme Court and to establish a system of lower courts.
The President nominates justices to serve on the federal District Courts, the Courts of Appeals, and the US Supreme Court. These nominations are sent to the US Senate, which provides "advice and consent". Typically, an individual may not serve on the court without confirmation by the Senate. The President does have the power to make temporary "recess" appointments when the Senate is not in session. These appointments expire at the end of the Congressional session.
Justices are appointed by the President and confirmed by the Senate for a life term. There are no specific requirements for who may serve as a federal judge, but there are several informal, unwritten qualifications. For example, individuals should exhibit a knowledge of the law and the Constitution. Attorneys, state or lower court judges, or law professors are most commonly tapped to serve.
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Separation of powers
The US Constitution establishes a system of federal courts, which work differently from state courts. Federal courts are courts of limited jurisdiction, meaning they can only hear cases authorized by the US Constitution or federal statutes.
Article III of the US Constitution establishes the judicial branch as one of the three distinct branches of the federal government: legislative, executive, and judicial. These three branches operate within a system of "checks and balances", where each branch has its own roles and areas of authority, and no one branch can overpower another. This is known as the separation of powers.
The US Supreme Court is the highest court in the US and was established by Article III of the US Constitution. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors. It also has appellate jurisdiction over almost all other cases involving points of constitutional or federal law. The Supreme Court has the power of judicial review, or the ability 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.
Below the Supreme Court are 13 appellate courts, or US 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 US district courts. These courts resolve disputes by determining the facts and applying the law to those facts. There are also a few courts that have been established to deal with appeals on specific subjects, such as veterans' claims and military matters.
Federal trial courts have also been established for some subject-specific areas, such as bankruptcy, tax, claims against the federal government, and international trade.
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Frequently asked questions
The U.S. Supreme Court is the highest court in the United States.
Article III establishes the federal judiciary and 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."
Lower federal courts include circuit and district courts. There are 13 appellate courts below the U.S. Supreme Court, called U.S. courts of appeals, and 94 district or trial courts, called U.S. district courts.
Federal courts decide disputes involving the U.S. Constitution, federal laws, disputes between states, and disputes involving more than $75,000 between residents of different states.
