
The US federal judiciary consists of two main types of courts: constitutional courts and legislative courts. The former are established under Article III of the US Constitution, while the latter are established under Article I. Constitutional court judges are appointed for life and handle federal law cases, whereas legislative court judges serve fixed terms and handle specialized cases. The US Supreme Court is an example of a constitutional court, while the US Tax Court is a legislative court.
| Characteristics | Values |
|---|---|
| Type of Court | Constitutional Courts and Legislative Courts are the two main types of courts in the United States federal judiciary. |
| Establishment | Constitutional Courts are established under Article III of the US Constitution. Legislative Courts are established under Article I by Congressional acts. |
| Judges | Constitutional Court judges have lifetime appointments and cannot be fired. Legislative Court judges serve fixed terms, usually around 14 years, and can be removed. |
| Jurisdiction | Constitutional Courts have broad jurisdiction and can hear cases arising under federal law. Legislative Courts have focused jurisdiction and handle specialized cases, such as tax disputes or military appeals. |
| Powers | Constitutional Courts have broader judicial powers. Legislative Courts have specific judicial functions defined by Congress. |
| Examples | The US Supreme Court and other federal courts are examples of Constitutional Courts. The US Tax Court and the US Court of Appeals for Veterans Claims are examples of Legislative Courts. |
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What You'll Learn
- Legislative courts are established under Article I of the US Constitution, while constitutional courts are established under Article III
- Legislative court judges serve fixed terms, while constitutional court judges have lifetime appointments
- Legislative courts handle specialised cases, while constitutional courts have broader jurisdiction
- Legislative courts include the US Tax Court and the Court of Appeals for Veterans Claims
- Constitutional courts are the mainstay of the federal judiciary, ensuring laws and government actions are in line with the Constitution

Legislative courts are established under Article I of the US Constitution, while constitutional courts are established under Article III
The federal judiciary in the United States comprises 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 US Constitution. On the other hand, constitutional courts, or Article III courts, are established under Article III of the Constitution.
Article I of the Constitution grants Congress the authority to make laws and establish courts that enforce these laws. Legislative courts are established through legislative acts and are dedicated to specific areas of federal law. These courts handle cases that require specialized knowledge and arise from specific federal laws. Judges in legislative courts serve fixed terms set by Congress and do not have the same protections as those in Article III courts.
Article III of the Constitution establishes the judicial branch as one of the three distinct branches of the federal government, along with the legislative and executive branches. The US Supreme Court, the highest court in the nation, was created by Article III, which also authorized Congress to establish a system of lower courts. Article III courts have broad judicial powers, and their judges are appointed for life and enjoy tenure and salary protections.
The distinction between Article I and Article III judges has not always been clear-cut, and some courts have changed status due to the interplay between Congress and the Supreme Court. Congress has also modified the protections of judges or the jurisdiction of courts to convert legislative courts into constitutional tribunals.
In summary, legislative courts are established under Article I of the US Constitution and are specialized courts that address specific areas of federal law. Constitutional courts, on the other hand, are established under Article III and have broader judicial powers, with judges serving lifetime appointments and enjoying certain protections.
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Legislative court judges serve fixed terms, while constitutional court judges have lifetime appointments
The US federal judiciary consists of two main types of courts: legislative courts and constitutional courts. Legislative court judges serve fixed terms, while constitutional court judges have lifetime appointments.
Legislative courts, also known as Article I courts, are established by Congress under Article I of the US Constitution. These courts handle specific judicial functions and areas of law defined by Congress. Legislative court judges serve terms set by Congress, typically around 14 years, and can be removed from their positions. They handle cases that do not necessarily need to be decided by the Supreme Court, such as tax disputes or military appeals. Examples of legislative courts include the US Tax Court and the US Court of Appeals for Veterans Claims.
Constitutional courts, or Article III courts, are established under Article III of the US Constitution. These courts have broad judicial powers and handle cases arising under federal law, including civil rights, federal regulations, and disputes between states. Constitutional court judges serve for life or 'during good behaviour', meaning they have independence in judicial decision-making and cannot be easily removed from their positions.
The distinction between legislative and constitutional courts lies in their establishment, functions, and the tenure of their judges. Legislative courts focus on specific judicial duties, while constitutional courts have a broader jurisdiction over federal law and the power of judicial review. The lifetime appointments of constitutional court judges protect their independence from the executive and legislative branches of government.
The US Supreme Court, the highest court in the nation, is an example of a constitutional court. Below the Supreme Court are 13 appellate courts, or US courts of appeals, and 94 district or trial courts. Legislative courts, such as the US Tax Court, are subordinate to these constitutional courts in the judicial hierarchy.
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Legislative courts handle specialised cases, while constitutional courts have broader jurisdiction
The federal judiciary in the United States 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 US Constitution. These courts have focused jurisdiction, meaning they deal with particular areas of law or specific issues. Legislative court judges serve fixed terms set by Congress and handle specialised cases, such as tax disputes or military appeals.
Constitutional courts, on the other hand, are established under Article III of the Constitution and include the US Supreme Court and other federal courts. These courts have broad judicial powers, and their judges serve for life with lifetime appointments, protecting their independence from the executive and legislative branches of government. Constitutional courts handle a wider range of cases, including those arising under federal law and disputes involving states. They play a critical role in upholding the principles of the Constitution and protecting individual rights and liberties.
The distinction between legislative and constitutional courts lies in their powers, tenure, and roles as defined by different articles of the US Constitution. Legislative courts are designed to handle specific judicial functions, with judges serving fixed terms and handling specialised cases. In contrast, constitutional courts have broader jurisdiction, allowing them to address a wider range of legal matters with their lifelong-appointed judges.
Legislative courts are crucial for ensuring that specialised cases are handled by judges with expertise in specific legal areas. Their focused jurisdiction helps maintain efficient and accurate court decisions. Meanwhile, constitutional courts serve as a check on the powers of the other branches of government, ensuring that laws and government actions align with the Constitution.
In summary, legislative courts and constitutional courts play complementary roles within the US judicial system. While legislative courts handle specialised cases with judges serving fixed terms, constitutional courts have broader jurisdiction and lifelong-appointed judges who oversee a wider range of legal matters, including federal law and disputes between states.
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Legislative courts include the US Tax Court and the Court of Appeals for Veterans Claims
The federal judiciary in the United States consists of two primary court types: legislative courts and constitutional courts. Legislative courts, also known as Article I courts, are established by Congress under Article I of the US Constitution. These courts have a focused jurisdiction, specialising in specific areas of law or issues that require specialised knowledge. Legislative court judges are appointed for fixed terms set by Congress and do not enjoy the same protections as constitutional court judges. Legislative courts include the US Tax Court and the Court of Appeals for Veterans Claims.
The US Tax Court, established by Congress, is a federal trial court that adjudicates disputes over federal income tax. The court provides a forum for affected persons to dispute tax deficiencies determined by the Commissioner of Internal Revenue before paying the disputed amounts. This is significant because the Tax Court is the only forum where taxpayers can litigate tax matters without first paying the disputed tax in full.
The Court of Appeals for Veterans Claims was created on November 18, 1988, by the Veterans' Judicial Review Act of 1988. This court has exclusive jurisdiction to review decisions of the Board of Veterans' Appeals, which is part of the Department of Veterans Affairs. The Court of Appeals for Veterans Claims can affirm, modify, or reverse the Board's decisions or remand matters as appropriate.
In contrast to legislative courts, constitutional courts, or Article III courts, possess broad judicial powers, and their judges are appointed for life. These courts handle a wider range of cases and play a crucial role in upholding the principles of the Constitution.
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Constitutional courts are the mainstay of the federal judiciary, ensuring laws and government actions are in line with the Constitution
The federal judiciary in the United States consists of two main types of courts: constitutional courts and legislative courts. These courts were distinguished in the case of American Ins. Co. v. Canter, which involved the question of the admiralty jurisdiction of the territorial court of Florida.
Constitutional courts are established under Article III of the Constitution and are the mainstay of the federal judiciary. These courts have broad judicial powers and their judges serve for life with protection from removal, affirming their independence to make decisions without fear of retribution. This independence from the executive and legislative branches of government ensures that constitutional court judges can make decisions in line with the Constitution.
Constitutional courts hear cases arising under federal law, including issues like civil rights, federal regulations, and disputes between states. They have the power of judicial review, famously asserted in the case of Marbury v. Madison. These courts play a critical role in upholding the principles of the Constitution across a wide range of cases, ensuring that government actions and laws are in line with the Constitution.
Legislative courts, on the other hand, are established by Congress under Article I of the Constitution. These courts handle specific areas of law or unique issues, such as tax disputes or military appeals. Judges in legislative courts serve fixed terms, usually around 14 years, and can be removed from their positions. Most of these judges are confirmed by the Senate and can hold non-judicial duties, such as administrative roles. Legislative courts ensure that cases requiring specialized knowledge are handled by judges with expertise in those particular legal areas.
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Frequently asked questions
Constitutional courts are established under Article III of the U.S. Constitution and have broad jurisdiction over federal law and civil rights issues. Judges in these courts serve for life and cannot be fired, which protects their independence and empowers them to make decisions without fear of retribution.
Legislative courts, or Article I courts, are established by Congress under Article I of the U.S. Constitution. These courts handle specialised cases and administrative duties, with judges serving fixed terms set by Congress.
The U.S. Supreme Court is an example of a constitutional court. As the highest court in the nation, it handles significant cases concerning individual rights and liberties under the Constitution.
The U.S. Tax Court is a legislative court that deals specifically with disputes about tax issues. Other examples include the U.S. Court of Appeals for Veterans Claims and the U.S. Court of Appeals for the Armed Forces.

























