Simone Lawson
The US Constitution establishes a federal system of government, with power shared between the federal government and state governments, each with their own court systems. The Constitution outlines three branches of government: legislative, executive, and judicial, with the judicial branch headed by the Supreme Court. Article III of the Constitution establishes the federal judiciary, creating the Supreme Court and allowing Congress to establish a lower court system. The Supreme Court is the highest court in the US, with original jurisdiction over certain cases and appellate jurisdiction over almost any case involving a point of constitutional or federal law. The US Constitution does not specify requirements for Supreme Court justices, but they are appointed by the President and confirmed by the Senate.
| Characteristics | Values |
|---|---|
| Number of justices | 9 (8 associate justices and 1 chief justice) |
| Judicial power | Vested in one Supreme Court and such inferior courts as ordained and established by Congress |
| Jurisdiction | Original jurisdiction over certain cases, e.g., suits between two or more states, cases involving ambassadors and other public ministers; appellate jurisdiction on almost any other case involving a point of constitutional or federal law |
| Ability | Declare a Legislative or Executive act in violation of the Constitution, also known as judicial review |
| Federal laws | Passed by Congress and signed by the President |
| Federal court system | Established by the Judiciary Act of 1789 |
| Federal and state courts | Federal criminal prosecutions are brought in federal court, while state criminal prosecutions are brought in state courts |
| Federal judges | Appointed by the President and confirmed by the Senate for a life term |
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What You'll Learn
The US Supreme Court
The Supreme Court consists of nine justices, including eight associate justices and one chief justice. These justices are appointed by the President and confirmed by the Senate, typically holding their offices for life. Each justice hires several law clerks to review petitions, research, prepare memorandums, and draft opinions.
The Supreme Court has the power to decide appeals on all cases brought in federal or state courts. While it is not required to hear every appeal, parties may file a "writ of certiorari" asking the Court to hear a case. If the writ is granted, the Court will take briefs and conduct oral arguments. The Court typically hears cases when there are conflicting decisions across the country on a specific issue or when there is a significant error in a case.
The Supreme Court's opinions are binding and create precedent in American law. When more than half of the justices join an opinion, it is considered a "majority opinion" and sets a binding precedent. On the other hand, an opinion joined by fewer than half of the justices is a "plurality opinion," which is only partially binding.
The Supreme Court plays a crucial role in interpreting the Constitution and shaping American law, with its decisions carrying significant weight in the country's legal landscape.
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US Courts of Appeals
The US Constitution establishes three distinct branches of the federal government: the legislative, executive, and judicial branches. Article III of the Constitution created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts.
The US Courts of Appeals are the intermediate appellate courts of the US federal judiciary. They are also referred to as circuit courts or circuit judges. There are 13 appellate courts below the US Supreme Court, which are called US Courts of Appeals. These courts are divided into 13 "Circuits". Eleven of these circuits are numbered and cover geographic areas of the US, hearing appeals from district courts within their borders. The District of Columbia Circuit covers only Washington, DC, and the Federal Circuit hears appeals from federal courts across the US in cases involving specialized areas of law.
The role of the US Courts of Appeals is to determine whether the law was correctly applied in the trial court or federal administrative agency. They do not retry cases, hear new evidence, or hear witnesses testify. Instead, they review the decisions of trial courts for errors of law, considering only the record, such as papers filed, transcripts, and exhibits from the trial.
The decisions of the US Courts of Appeals are typically final and binding on lower courts within the same circuit. However, their decisions can be appealed to the US Supreme Court.
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US District Courts
The US district courts are the trial courts of the US federal judiciary. There is one district court for each federal judicial district, with at least one federal courthouse in each district. Each district covers one US state or a portion of a state.
A district court's ruling can be appealed to a US court of appeals. District court judges usually concentrate on managing the court's overall caseload, supervising trials, and writing opinions in response to important motions. Federal magistrate judges are appointed by each district court for an eight-year term and may be reappointed. They can be removed for incompetency, misconduct, neglect of duty, or physical or mental disability.
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US Court of International Trade
The US Constitution establishes a federal judiciary system, with the Supreme Court at the apex, and "inferior" courts that Congress can establish. The Constitution does not specify which inferior courts must be created, but it does outline a system of checks and balances, with each branch of government having its own roles and areas of authority.
The US Court of International Trade, also known as CIT, is one such Article III court. It was established in its current form by the Customs Courts Act of 1980, which granted it jurisdiction over all trade matters. The court is seated in Lower Manhattan, New York City, and has broad jurisdiction over trade-related matters, permitted to hear cases originating within the US and internationally.
The US Court of International Trade adjudicates civil actions arising from customs and international trade laws. Its subject matter jurisdiction is limited to specific questions of international trade and customs law, though it may also decide civil actions against the US government and its agencies, arising from international trade law. The court's powers include the ability to grant relief through money judgments, writs of mandamus, and preliminary or permanent injunctions.
The Court of International Trade has ruled on significant matters, including a 2025 decision that President Donald Trump overstepped his authority by using the 1977 International Emergency Economic Powers Act (IEEPA) to impose broad tariff hikes. The court held that the IEEPA does not empower the president to impose such sweeping import taxes. The court also struck down tariffs levied on China, Mexico, and Canada, which were justified as responses to drug trafficking and illegal immigration.
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Federal Courts Circuit Map
The US Constitution establishes a federal judiciary system that operates within a system of "checks and balances" with the legislative and executive branches. Article III of the Constitution establishes the Supreme Court and permits Congress to decide how to organise it and establish a system of lower courts. Article III, Section I 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."
Congress first organised the Supreme Court in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over time, the number of seats on the Supreme Court has varied, but since shortly after the Civil War, the number has been fixed at nine—one Chief Justice and eight Associate Justices.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court. The Court has original jurisdiction over certain cases, such as suits between two or more states or cases involving ambassadors. It also has appellate jurisdiction over almost any other case that involves a point of constitutional or federal law.
The Supreme Court's best-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. The Court established this doctrine in the case of Marbury v. Madison in 1803.
Below the Supreme Court are 13 appellate courts, called US Courts of Appeals, which determine whether the law was applied correctly in the trial court or federal administrative agency. There are also 94 district or trial courts, called US District Courts, which resolve disputes by determining the facts and applying the law to those facts. There are also 90 US Bankruptcy Courts.
Congress has created several Article I courts that are not part of the Third Branch, including the US Court of Appeals for Veterans Claims, the US Court of Appeals for the Armed Forces, and the US Tax Court.
Since 1789, Congress has arranged the federal courts into geographically defined circuits. The federal courts of the first several states were initially divided into Eastern, Middle, and Southern Circuits. Congress has added to and reorganised these circuits over time to reflect the admission of new states. In 1801, Congress abandoned this structure in favour of six numerically designated regional circuits. Today, there are 12 regional circuits and one Federal Circuit.
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Frequently asked questions
The US Constitution establishes the US Supreme Court as the highest court in the country.
There are 13 appellate courts called US Courts of Appeals and 94 district or trial courts called US District Courts.
The US District Courts are the starting point for any case arising under federal statutes, the Constitution, or treaties. They resolve disputes by determining the facts and applying the law to those facts.
