
The constitutional jurisdiction of the federal judiciary is a complex topic that has evolved over time. The U.S. Constitution, specifically Article III, establishes the judicial branch as one of the three separate and co-equal branches of the federal government, alongside the legislative and executive branches. Article III, Section 1, known as the Judicial Vesting Clause, guarantees the existence of a federal Supreme Court and empowers Congress to create lower federal courts. The Supreme Court, comprising nine justices, is the highest court in the nation, with ultimate authority to interpret the Constitution. Below it sit 13 appellate courts, or U.S. courts of appeals, and 94 district or trial courts. The federal judiciary's jurisdiction encompasses cases arising under the Constitution, federal laws, and treaties, as well as disputes between citizens of different states, admiralty and maritime cases, and controversies between states. Diversity jurisdiction allows plaintiffs from one state to sue defendants from another in federal court. Federal trial courts are also established for specialised areas like bankruptcy, tax, and international trade. The federal judiciary's role in the constitutional system of checks and balances is crucial, ensuring the interpretation and application of federal law.
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What You'll Learn

Federal judiciary's constitutional authority
The US Constitution establishes the judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. This system of checks and balances ensures that while each branch operates independently, they must also cooperate. The judiciary branch, for instance, has the authority to decide the constitutionality of federal laws, but it relies on the executive branch to enforce court decisions.
Article III of the Constitution, also known as the Judicial Vesting Clause, specifically addresses the judiciary branch. It authorises the creation of a federal judicial system, comprising a Supreme Court and "such inferior Courts as the Congress may from time to time ordain and establish". This provision grants Congress the power to determine the structure and jurisdiction of the federal court system, including the establishment of lower federal courts.
The Judiciary Act of 1789, signed by President Washington, was a significant step in establishing the federal court system. While it granted federal courts a more restrictive jurisdiction than allowed by the Constitution, it laid the foundation for the judicial system that remains largely in place today. Over time, Congress has continued to refine the jurisdiction of federal courts within the constitutional framework.
The Supreme Court, comprising nine justices, is the highest court in the US. It has original jurisdiction over a subset of federal cases, meaning litigants can bring these cases directly to the Supreme Court rather than starting at a lower level. The Supreme Court also has appellate jurisdiction, where it reviews decisions made by lower courts.
Below the Supreme Court are the appellate courts, also known as US courts of appeals, which determine whether the law was correctly applied in the lower courts or federal administrative agencies. There are 13 appellate courts that cover 12 federal circuits, each comprising multiple states.
The lowest level of the federal judiciary is the district or trial courts, which resolve disputes by determining the facts and applying the law. These courts have exclusive jurisdiction over crimes and offences committed within their respective districts or upon the high seas. Additionally, there are subject-specific trial courts, such as bankruptcy courts, and courts with nationwide jurisdiction over specific issues, like tax and international trade.
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Federal vs state courts
Article III of the US Constitution establishes the judicial branch as one of the three distinct branches of the federal government. The judiciary branch has the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. The US Constitution also creates a federal system of government, where power is shared between the federal and state governments, each with its own court systems.
Federal Courts
Federal courts interpret federal laws and defend basic rights, such as freedom of speech and equal protection under the law. They hear cases that involve the US government, the US Constitution, or other federal laws. For example, federal courts hear cases involving:
- Violation of federal law, such as bank robbery, drug cases, and kidnapping.
- Civil cases based on federal laws, such as employment discrimination or laws regulating securities trading.
- Interstate commerce or criminal activity.
- Controversies arising out of the US Constitution, such as a violation of a protection guaranteed by the Bill of Rights.
- Social Security claims or federal tax violations.
- Controversies between two states or involving foreign governments and international trade.
Federal trial courts are established for specific areas, such as tax, claims against the federal government, and international trade. There are also 13 appellate courts, or US courts of appeals, that determine whether the law was correctly applied in the trial court.
State Courts
State courts interpret state laws and handle most disputes that govern daily life. They are considered courts of "general jurisdiction", hearing all cases not specifically selected for federal courts. About 90% of cases heard in the American court system occur at the state level, including:
- Crimes that violate state law, such as robbery, assault, murder, and drug-related crimes.
- Controversies arising out of the state constitution or other state laws.
- Cases in which the state is a party, such as state tax violations.
- Real estate cases, malpractice, personal injury cases, and contract disputes.
- Family, divorce, custody, inheritance, and probate cases.
- Traffic and juvenile cases.
State court systems vary from state to state, but generally, both federal and state systems have a Supreme Court as the "court of last resort".
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Federal court structure
The US Constitution, Article III, establishes the federal judiciary as one of the three distinct branches of the federal government, alongside the legislative and executive branches. The judiciary branch operates within a system of "checks and balances", where each branch is formally separate but must often cooperate.
The federal court system has three main levels: district courts, circuit courts, and the Supreme Court.
District Courts
The 94 district courts, also known as trial courts, are spread out across the 50 US states, the District of Columbia, and several territories, including Guam, Puerto Rico, the US Virgin Islands, and the Northern Mariana Islands. District courts handle trials within the federal court system, overseeing both civil and criminal cases. They resolve disputes by determining the facts and applying the law to those facts. Each district court has at least one district judge, appointed by the President and confirmed by the Senate for a life term.
Circuit Courts
There are 13 circuit courts, also known as appellate or appeals courts, that sit below the Supreme Court. These courts handle appeals from the district courts, determining whether the law was applied correctly in the lower court or federal agency. Each circuit court has multiple judges, ranging from six to twenty-nine, who are appointed for life by the President and confirmed by the Senate. There are 12 regional circuits and one Federal Circuit, which has nationwide jurisdiction over specific issues like patents.
Supreme Court
The US Supreme Court is the highest court in the nation and the final level of appeal in the federal system. The Supreme Court has nine justices, including eight associate justices and one chief justice, who are appointed by the President and confirmed by the Senate for life. The Court meets in Washington, D.C.
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Supreme Court's original jurisdiction
The Supreme Court of the United States is the highest court in the country and is the final court of appeal. It is composed of nine justices, including one chief justice and eight associate justices. These justices are appointed by the President and confirmed by the Senate for a life term.
The Supreme Court has original jurisdiction in specific cases, serving as a trial court. This means that it is the first court to hear these cases, which include:
- All controversies between two or more states.
- Actions or proceedings involving foreign diplomats and a state.
- Controversies between the United States and a state.
- Actions or proceedings by a state against citizens of another state or aliens.
- Extraordinary writ proceedings involving habeas corpus, mandamus, quo warranto, prohibition, and certiorari.
The Supreme Court's original jurisdiction is outlined in Article 3, Section 2 of the Constitution, although Congress may provide for or deny the exclusiveness of this jurisdiction. The Judiciary Act of 1789 further established that cases could enter the Supreme Court through an original filing.
The Supreme Court also has jurisdiction over appeals from lower courts. These appeals typically involve the application of the law and constitutionality.
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Federal court expansion
Article III of the US Constitution establishes the judiciary as one of the three separate and distinct branches of the federal government. The judiciary's role is to decide the constitutionality of federal laws and resolve other cases involving federal laws.
The US Supreme Court is the highest court in the country. It was also established by Article III of the US Constitution, which authorized Congress to pass laws establishing a system of lower courts. Below the Supreme Court are 13 appellate courts, known as the US Courts of Appeals, and 94 district or trial courts, called US district courts. There are also 90 US bankruptcy courts.
The federal judiciary has expanded over time, with the number of district court judgeships rising from 13 in 1789 to 59 in 1889. This represents a much faster rate of growth than the US population over the same period. However, it is argued that the enlargement of the courts has not kept pace with changes in population and economic growth, which affect the demands on the judiciary.
At the turn of the 21st century, the US entered its third era of judicial federalism, defined by federal judicial expansion into areas of state-court power and federal monopolization of large and complex litigation. This has coincided with the decay of state courts, with state chief justices complaining that they are "financially bankrupt" and "dysfunctional". The federal expansion has contributed to a plaintiff-defendant divergence between the two systems, with institutional litigants opting out of state courts.
There have been calls for further expansion of the federal judiciary, including the addition of seats to the Supreme Court. However, this is a politically sensitive issue, and it is argued that expansion would make the judiciary appear more political. It is also argued that expansion is unnecessary to help judges handle their caseloads, as rising efficiency in the courts' handling of appellate filings has more than compensated for increases in case numbers.
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Frequently asked questions
The constitutional jurisdiction of the federal judiciary refers to the power of the federal courts to hear certain types of cases and make decisions on legal matters. Article III of the US Constitution establishes the judicial branch as one of the three separate branches of the federal government, alongside the legislative and executive branches. This article authorises the creation of federal courts with limited jurisdiction, outlining specific categories of cases that fall under their purview.
Federal courts have jurisdiction over cases arising under the Constitution, laws, and treaties of the United States, often referred to as federal question jurisdiction. They also preside over controversies between citizens of different states, known as diversity jurisdiction. Additionally, federal courts handle admiralty and maritime cases, cases where the United States is a party, and controversies between states.
The US Supreme Court is the highest federal court in the nation, established by Article III of the Constitution. It has original jurisdiction over a subset of federal cases, allowing litigants to commence certain cases directly in the Supreme Court rather than in a lower federal or state court. The Supreme Court is comprised of nine justices, including eight associate justices and one chief justice, all appointed for life by the President and confirmed by the Senate.

























