Eleanor Finch
The Constitution of the United States grants Congress the power to establish inferior courts to the Supreme Court, which has been interpreted to include the creation of special or legislative courts. This power has been used to create specialised courts to handle specific types of cases, such as the Foreign Intelligence Surveillance Court established under the Foreign Intelligence Surveillance Act of 1978, the Alien Terrorist Removal Court, and the Special Division of the U.S. Court of Appeals for the District of Columbia established under the Ethics in Government Act. Congress also has the authority to abolish federal courts and has done so on several occasions. The extent of congressional power over the federal courts has been a subject of debate and interpretation over the years.
| Characteristics | Values |
|---|---|
| Conferral of jurisdiction | Congress can confer, withhold, and restrict jurisdiction to federal courts |
| Appellate jurisdiction | The Supreme Court's appellate jurisdiction is subject to "exceptions and regulations" prescribed by Congress |
| Establishment of inferior courts | Congress can establish inferior courts, and alter or eliminate them |
| Appointment of judges | Judges on Article I courts do not have constitutionally mandated life tenure, unlike Article III judges |
| Jurisdiction of inferior courts | The jurisdiction of inferior federal courts is subject to congressional prescription |
| Special courts | Congress has established special courts through the Foreign Intelligence Surveillance Act of 1978, the Ethics in Government Act, and other legislation |
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What You'll Learn
Congress can establish inferior federal courts
The Constitution of the United States grants Congress the power to establish inferior federal courts. This power is derived from Article III, which states that the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as Congress may from time to time ordain and establish. This means that Congress has the authority to create lower federal courts, also known as legislative courts, in addition to the Supreme Court.
Congress has periodically exercised this power to create courts under Article III that exercise specialised jurisdiction over limited categories of cases. These specialised courts are similar to other Article III courts in that they exercise the judicial power of the United States and only that power. For example, in 1978, Congress authorised a specialised court in the Foreign Intelligence Surveillance Act to facilitate the gathering of foreign intelligence information through electronic surveillance, search and seizure, and other means. This court, known as the FISA Court, is composed of seven regular federal judges appointed by the Chief Justice for limited terms.
Another example of a specialised court established by Congress is the Alien Terrorist Removal Court, which reviews ex parte applications from the Department of Justice to order the removal of certain aliens from the United States based on classified information. Congress has also created other specialised courts through acts such as the Ethics in Government Act and the Regional Rail Reorganization Act. These courts are often charged with specific tasks, such as appointing independent counsel to investigate and prosecute charges of illegality in the Executive Branch or reviewing specific types of cases, such as those related to foreign intelligence or terrorist removal.
The power to establish inferior federal courts also includes the authority to abolish them or alter their structure. For instance, Congress abolished the Commerce Court in 1913 and has eliminated various other federal courts over time. Congress can also regulate the modes and practices of proceeding in inferior federal courts and prescribe their jurisdiction. This includes the power to limit the jurisdiction of these courts and determine how far their appellate jurisdiction extends.
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Congress can abolish inferior federal courts
Congress has the power to establish and abolish inferior federal courts. The Constitution states that the judicial power of the United States shall be vested in one Supreme Court and in such inferior courts as Congress may from time to time ordain and establish. This means that Congress has the authority to create and disband lower federal courts as it sees fit.
Congress has periodically created courts under Article III to exercise specialized jurisdiction over limited categories of cases. For example, the Foreign Intelligence Surveillance Act of 1978 established a specialized court to facilitate the gathering of foreign intelligence information through electronic surveillance, search and seizure, and other means. This act also established the Foreign Intelligence Surveillance Court of Review, an appellate court that reviews certain FISA Court orders.
Congress has also established other specialized courts, such as the Alien Terrorist Removal Court, which reviews applications from the Department of Justice to remove certain aliens from the United States based on classified information. Another example is the court established through the Ethics in Government Act, which was charged with appointing an independent counsel to investigate and prosecute charges of illegality in the Executive Branch.
Congress has also abolished inferior federal courts on several occasions. For example, the Commerce Court was abolished in 1913, and the Temporary Emergency Court of Appeals was abolished in 1993. In 1863, Congress eliminated the circuit court, district court, and criminal court of the District of Columbia without providing for the continued service of the sitting judges.
While Congress has substantial authority over inferior federal courts, it cannot abolish the Supreme Court. The Supreme Court's original jurisdiction is established by the Constitution, while its appellate jurisdiction is subject to "exceptions and regulations" prescribed by Congress.
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Congress can regulate modes and practices of inferior federal courts
The Constitution of the United States grants Congress the power to establish and regulate inferior federal courts. This power, known as the Congressional Power to Establish Courts of Specialized Jurisdiction, is derived from Article III, Section 1 of the Constitution, which states that the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as Congress may ordain and establish.
Congress has periodically created courts under Article III to exercise specialized jurisdiction over limited categories of cases. These courts, often referred to as "special courts," are established to handle specific types of cases or address particular issues. For example, in 1978, Congress authorized a specialized court through the Foreign Intelligence Surveillance Act to facilitate the gathering of foreign intelligence information through electronic surveillance, search and seizure, and other means. This court, known as the FISA Court, is composed of seven regular federal judges appointed by the Chief Justice for limited terms and is responsible for issuing warrants for intelligence activities.
Another example of Congress's establishment of a specialized court is the Alien Terrorist Removal Court, which was created to review ex parte applications from the Department of Justice to remove certain aliens from the United States based on classified information. Additionally, through the Ethics in Government Act, Congress created a "Special Division" of the U.S. Court of Appeals for the District of Columbia to investigate and prosecute charges of illegality in the Executive Branch.
The power of Congress to regulate the modes and practices of inferior federal courts is further highlighted in cases such as the Emergency Price Control Act of 1942, where Congress provided for a special court to handle challenges to price regulations issued by the government. The Supreme Court's appellate jurisdiction is also subject to "exceptions and regulations" prescribed by Congress, as stated in Article III, § 2, cl. 2 of the Constitution.
While Congress has the authority to establish and regulate inferior federal courts, it is important to note that they cannot abolish the Supreme Court. The Constitution grants Congress substantial authority to structure the Supreme Court, but the high court remains a separate entity with its own judicial power.
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Congress can establish specialised courts
Congress has periodically established specialised courts to handle specific types of cases, such as foreign intelligence gathering through electronic surveillance, as authorised by the Foreign Intelligence Surveillance Act of 1978. This act also established the Foreign Intelligence Surveillance Court of Review, an appellate court that reviews certain FISA Court orders. Another example is the Alien Terrorist Removal Court, which was created to review applications for the removal of certain aliens from the US based on classified information.
Congress has also created specialised courts through other acts, such as the Ethics in Government Act, which established a "Special Division" of the US Court of Appeals for the District of Columbia. This court was tasked with appointing an independent counsel to investigate and prosecute charges of illegality in the Executive Branch. Additionally, Congress established the Commerce Court, which operated from 1910 until its abolition by Congress in 1913.
The power of Congress to establish and abolish specialised courts has been upheld in various cases, including Lockerty v. Philips, where the Supreme Court upheld the exclusive grant of jurisdiction to a specialised court. The Emergency Price Control Act of 1942 further demonstrated Congress's ability to confer, withhold, and restrict the jurisdiction of these courts.
While Congress has substantial authority over the establishment and structure of inferior federal courts, it is important to note that they cannot abolish the Supreme Court. The distinction between constitutional and legislative courts was first made in American Ins. Co. v. Canter, where it was determined that legislative courts are created by Congress pursuant to its general legislative powers and do not exercise the judicial power described in Article III of the Constitution.
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Congress can establish legislative courts
The US Constitution states that the judicial power of the United States shall be vested in one Supreme Court and such inferior courts as Congress may establish. This power allows Congress to create legislative courts to exercise specialized jurisdiction over limited categories of cases. For example, Congress authorized the Foreign Intelligence Surveillance Court in 1978 to facilitate the gathering of foreign intelligence information through electronic surveillance, search and seizure. Another example is the Ethics in Government Act, which created a "Special Division" of the US Court of Appeals for the District of Columbia to investigate and prosecute charges of illegality in the Executive Branch.
Congress also has the power to confer, withhold, and restrict the jurisdiction of these inferior federal courts. For instance, the Emergency Price Control Act of 1942 established a special court to hear challenges to government price regulations, with appeals going to the Supreme Court. Additionally, the appellate jurisdiction of the Supreme Court is subject to "exceptions and regulations" prescribed by Congress. This power has been used to forestall Supreme Court decisions, as in the case of Lockerty v. Philips, where the Supreme Court upheld the exclusive grant of jurisdiction to a special court.
While Congress can establish and abolish inferior federal courts, it cannot abolish the Supreme Court. The judges of legislative courts also differ from those of constitutional courts in that they do not enjoy constitutionally mandated life tenure.
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Frequently asked questions
Article III, Section 1 of the US Constitution gives Congress the power to establish special courts.
Special courts are created to exercise specialized jurisdiction over limited categories of cases.
Congress authorized a specialized court in the Foreign Intelligence Surveillance Act of 1978 to facilitate the gathering of foreign intelligence information through electronic surveillance, search and seizure, and other means.
Yes, Congress can abolish federal courts. For example, the Commerce Court was abolished by Congress in 1913.
