
The US judicial system is divided into three branches: legislative, executive, and judicial. The US Constitution's Article III created the Supreme Court, which is the highest court in the country, and authorized Congress to establish a system of lower courts. The US Constitution's Article I also established several special courts, such as the US Tax Court, the US Court of Appeals for Veterans Claims, and the US Court of Federal Claims. These special courts have specific jurisdictions and are separate from the constitutional courts, which include the Supreme Court and the lower courts established by Congress. Constitutional courts have a broader jurisdiction and are responsible for interpreting the Constitution and resolving cases involving federal laws, while special courts focus on specific areas like tax law, veterans' benefits, and claims against the government.
| Characteristics | Values |
|---|---|
| Purpose | Constitutional courts have broad judicial powers and handle a wide range of cases and controversies. Special courts have a specific purpose and handle particular areas of law or specific issues. |
| Jurisdiction | Constitutional courts have broad jurisdiction. Special courts have focused jurisdiction. |
| Judges | Constitutional court judges have lifetime appointments. Special court judges serve fixed terms as determined by Congress. |
| Powers | Constitutional courts can decide the constitutionality of federal laws. Special courts have specific judicial powers defined by Congress. |
| Examples | Constitutional courts include the Supreme Court, district courts, and circuit courts of appeals. Special courts include the U.S. Court of Appeals for Veterans Claims, the U.S. Tax Court, and the U.S. Court of International Trade. |
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What You'll Learn

Legislative courts handle specialised legal areas
The United States judicial system consists of two main types of courts: legislative courts and constitutional courts. Legislative courts, also known as Article I courts, are established by Congressional acts under Article I of the U.S. Constitution. These courts handle specialised legal areas and are designed to streamline the judicial process by providing expertise in specific areas of law.
Legislative courts have focused jurisdiction, meaning they deal with particular areas of law or specific issues. For example, the United States Tax Court, established under Article I, handles disputes between taxpayers and the Commissioner of Internal Revenue. Similarly, the United States Court of Appeals for Veterans Claims, another Article I court, provides an impartial forum for reviewing decisions by the Board of Veterans' Appeals.
Legislative courts also include adjudicative bodies within administrative agencies, such as the Social Security Administration, which handle disputes related to their specific regulations. These courts ensure that cases requiring specialised knowledge are handled by judges who are experts in those particular legal areas.
In contrast to constitutional courts, where judges serve for life, legislative court judges serve for fixed terms set by Congress. This difference in tenure highlights the distinct nature of legislative courts, which are designed to fulfil specific judicial functions defined and established by Congress. Legislative courts play a crucial role in the U.S. judicial system by providing efficient and accurate decisions in their dedicated areas of federal law.
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Constitutional courts have broad judicial powers
The US Constitution creates a federal system of government, with power shared between the federal government and state governments. Each government has its own court system, with the federal judiciary consisting of legislative courts and constitutional courts.
Constitutional courts, also known as Article III courts, have broad judicial powers and judges who serve for life. These courts include the Supreme Court, the highest court in the nation, and lower federal courts such as district courts and circuit courts of appeals. They can hear a wide range of cases and controversies, and their primary function is to answer constitutional questions and ensure that laws and government actions are in line with the Constitution.
Constitutional courts have the authority to decide the constitutionality of federal laws and resolve cases involving federal laws. They can determine whether the law was applied correctly in a lower court or federal administrative agency. For example, the US Court of Appeals for Veterans Claims, a constitutional court, has exclusive jurisdiction to provide judicial review of final decisions by the Board of Veterans' Appeals.
The broad judicial powers of constitutional courts also extend to cases involving state laws and disputes, which are typically handled by state courts. These courts play a crucial role in maintaining the balance of power between the three branches of government: legislative, executive, and judicial. While each branch operates independently, they must also cooperate, and the judicial branch relies on the executive branch to enforce court decisions.
The broad jurisdiction of constitutional courts allows them to hear a diverse range of cases and ensure that the rights and interests of individuals and entities are protected under the Constitution.
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Judges in legislative courts have fixed terms
In the United States, the federal judiciary is divided into 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 a specific purpose and focused jurisdiction, dealing with particular areas of law or issues defined by Congress. Judges in legislative courts serve fixed terms set by Congress and do not enjoy the same protections and independence as constitutional court judges.
Constitutional courts, on the other hand, are established under Article III of the Constitution and include the Supreme Court, the highest court in the nation, as well as lower federal courts such as district courts and circuit courts of appeals. These courts possess broad judicial powers, allowing them to hear a diverse range of cases and resolve constitutional questions. Judges in constitutional courts are appointed for life, ensuring their independence from the executive and legislative branches of government.
The distinction between legislative and constitutional courts lies primarily in their purpose, jurisdiction, and the tenure of their judges. Legislative courts are designed to handle specialised legal areas, ensuring that cases are presided over by judges with expertise in those specific domains. This specialisation contributes to the efficiency and accuracy of court decisions. In contrast, constitutional courts have a broader mandate to address constitutional matters and oversee the actions of the legislative and executive branches.
The fixed terms of judges in legislative courts are determined by Congress and vary depending on the specific court and its function. For example, judges in the United States Court of Appeals for the Armed Forces are appointed by the President, with the advice and consent of the Senate, to serve 15-year terms. In contrast, judges in constitutional courts are appointed for life, which is intended to safeguard their independence and protect them from external influences.
The US judiciary system is structured to maintain a balance of power between the legislative, executive, and judicial branches. While each branch operates independently, they also cooperate to uphold the Constitution and enforce laws. Legislative courts, with their specialised functions and fixed judicial terms, play a crucial role in this system by ensuring efficient and knowledgeable adjudication of specific legal matters, thereby complementing the work of constitutional courts.
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Article III courts are constitutional courts
Article III of the US Constitution established the Supreme Court and authorised Congress to pass laws creating a system of lower courts. Article III courts, also known as Article III tribunals, are the Supreme Court and the inferior courts of the United States established by Congress. These include the 13 US courts of appeals, 91 US district courts, the US Court of International Trade, and several other tribunals.
Article III courts constitute the judicial branch of the federal government, which is defined by Article III of the Constitution. They are protected against undue influence by the other branches of government. The judicial power of the United States is vested in the Supreme Court and inferior courts, and their judges hold office during "good behaviour". The judges are compensated at stated times, and this compensation cannot be diminished during their continuance in office.
Article III tribunals are federal courts, which are distinct from Article I or Article IV tribunals. Article I tribunals are typically called a "Board", "Commission", or occasionally "Court", and are set up by Congress to review agency decisions and military court-martial appeals. Article I judges, also called administrative law judges, do not enjoy the same protections as Article III judges. They do not have life tenure, and Congress may reduce their salaries.
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Article I courts are legislative courts
The US Constitution divides the federal judiciary into legislative and constitutional courts. Legislative courts, also known as Article I courts, are established by Congress under Article I of the US Constitution. They are set up to review agency decisions and address specific areas of federal law. Article I courts include the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court.
Article I courts are different from Article III courts, which include the US Supreme Court and other federal courts. Article III courts have broad judicial powers and judges who serve for life, whereas Article I courts handle specialised legal areas with judges serving fixed terms as determined by Congress. The US Constitution grants Congress the power to make laws and establish courts that assist in the enforcement of those laws.
Congress creates legislative courts to address specific areas of federal law and ensure efficient handling and expertise in those areas. Legislative courts have focused jurisdiction, dealing with particular areas of law or specific issues. For example, the United States Tax Court handles disputes between taxpayers and the Internal Revenue Service (IRS).
The Supreme Court has ruled that Article I tribunals may exist, but their power is limited. When a potential deprivation of life, liberty, property, or property interest is involved, their decisions are subject to review in an Article III court. Article I judges do not have life tenure and their salaries may be reduced by Congress.
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Frequently asked questions
A constitutional court is a supreme court that was created by Article III of the U.S. Constitution. It sits at the top of the U.S. court system, above the 13 appellate courts and 94 district or trial courts.
Special courts are also known as U.S. Courts of Special Jurisdiction. They include the Court of Appeals for the Armed Forces, the Court of Federal Claims, the Court of International Trade, the Court of Appeals for Veterans Claims, the Judicial Panel on Multidistrict Litigation, and the Tax Court.
The main difference is that constitutional courts sit above special courts in the U.S. court system.
Constitutional courts can decide the constitutionality of federal laws and resolve cases involving federal laws.
Special courts hear cases on specific topics. For example, the Court of Appeals for Veterans Claims provides an impartial judicial forum for veterans to review administrative decisions that are adverse to their claims. The U.S. Court of Federal Claims hears cases involving monetary claims founded on the Constitution, federal statutes, executive regulations, or contracts with the United States.

























