Isabella Carter
The US Constitution establishes a federal system of government, with power shared between the federal and state governments, each with its own court system. The US Constitution also created the Supreme Court, the highest court in the US, and authorized Congress to pass laws and establish federal district and appellate courts. Congress has periodically created courts under Article III to exercise specialized jurisdiction over specific cases, such as the Court of Claims and the US Court of Customs and Patent Appeals. These courts are commonly referred to as Article III or constitutional courts. Congress has also created non-Article III tribunals, sometimes called Article I or legislative courts, which are staffed by administrative law judges, military judges, and federal magistrates.
| Characteristics | Values |
|---|---|
| Created by | Congress |
| Court type | Federal district and appellate courts |
| Court structure | Supreme Court |
| Court jurisdiction | Specialized |
| Court staff | Administrative law judges, military judges, federal magistrates |
| Court status | Article III or constitutional courts |
| Judges | Appointed by the president with the advice and consent of the Senate |
| Judge tenure | Life tenure, subject to removal by impeachment |
| Judge salaries | Cannot be reduced |
Explore related products
What You'll Learn
The US Supreme Court
The Supreme Court's most well-known power is judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution, but the Court established it in the case of Marbury v. Madison in 1803. The Court has also established its authority to strike down state laws found to be in violation of the Constitution.
The Supreme 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 involving a point of constitutional or federal law. When exercising its appellate jurisdiction, the Court can decide whether or not to hear a case.
Each Supreme Court justice hires several law clerks to review petitions, research, prepare memorandums, and draft opinions. Law clerks are typically recent law school graduates, and they generally serve a term of one to two years.
The Supreme Court plays a crucial role in the constitutional system of government. As the highest court, it is the court of last resort for those seeking justice. Its power of judicial review ensures that each branch of government recognizes the limits of its power.
Understanding the Framework of Limited Companies
You may want to see also
Federal and state court systems
The US Constitution establishes a federal system of government, with power shared between the federal government and the state governments. Both the federal and state governments have their own court systems.
The US Constitution, specifically Article III, created the Supreme Court and authorized Congress to pass laws and establish federal district and appellate courts. Article III, Section 1 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 has periodically created courts under Article III to exercise specialized jurisdiction over specific categories of cases. These courts are commonly known as "Article III" or "constitutional" courts. However, it's important to note that the Constitution does not oblige Congress to create any particular court, and these courts often hear non-constitutional disputes.
Congress has also created separate "Article I" or "legislative" courts, which are not specifically authorized by Article I and do not legislate in the traditional sense. These courts include independent federal tribunals, such as the courts of the United States' territories and the US Court of Federal Claims.
Additionally, Congress has established non-Article III tribunals, sometimes referred to as Article I courts or legislative courts. These courts are staffed by personnel such as administrative law judges, military judges, and federal magistrates.
The federal court system is split into twelve regional circuits and one Federal Circuit, with 94 district or trial courts, known as US district courts. These courts resolve disputes by determining the facts and applying the law to those cases. There are also 90 US bankruptcy courts to assist individuals and businesses facing financial difficulties.
State courts, on the other hand, handle cases arising under state laws or disputes that occur within the state's boundaries. They mirror the federal court structure, with trial courts, appellate courts, and a state supreme court serving as the highest judicial authority within the state.
Presidential Power: What Are the Limits?
You may want to see also
Article III courts
Article III of the U.S. Constitution establishes the Supreme Court and authorises Congress to pass laws and create inferior courts. These inferior courts are also referred to as constitutional or Article III courts. They were first created by the Judiciary Act of 1789 and are the only courts with judicial power.
Article III, Section 1, vests the judicial power of the United States in federal courts, mandates the existence of the Supreme Court, permits inferior courts, and requires good behaviour tenure for judges, with their compensation not being subject to diminution.
Article III does not specify the number of justices that must be appointed to the Supreme Court. The number of justices has been fixed at nine since the Judiciary Act of 1869: one chief justice and eight associate justices.
Article III, Section 2, grants the Supreme Court original jurisdiction in cases involving ambassadors, ministers, and consuls, as well as controversies subject to federal judicial power because at least one state is a party. In all other cases, the Supreme Court has appellate jurisdiction, with Congress outlining exceptions and regulations.
Article III, Section 3, outlines treason against the United States and establishes that conviction requires testimony from two witnesses or a confession in open court. It also limits Congress's power to punish those found guilty of treason.
The Evolution of Missouri's Constitution
You may want to see also
Explore related products
Article I courts
Article I tribunals, which include Article I courts, are adjudicative entities that do not possess the same protections as Article III courts. They are typically called a "Board" or "Commission", and occasionally a "Court". Article I judges, or administrative law judges, do not have life tenure and their salaries may be lowered by Congress.
Article I tribunals have been deemed constitutional by the Supreme Court, which ruled that their power must be limited and their decisions subject to review in an Article III court when a potential deprivation of life, liberty, property, or property interest is involved.
Executive Privilege: When Did It Enter the Constitution?
You may want to see also
Legislative courts
The distinction between constitutional courts and legislative courts was first made in American Ins. Co. v. Canter, which involved the question of the admiralty jurisdiction of the territorial court of Florida. The judges of these courts were limited to a four-year term in office. In this case, the Court held that admiralty jurisdiction could only be exercised in the states by courts established under Article III, but that territorial courts could exercise this jurisdiction as well because "Congress exercises the combined powers of the general, and of a state government.".
Congress is not limited by the restrictions imposed in Article III concerning tenure during good behavior and the prohibition against diminution of salaries when creating legislative courts. This means that Congress can limit tenure to a term of years, as seen in the creation of territorial courts and the Tax Court, subject the judges of legislative courts to removal by the President, and reduce their salaries during their terms. Legislative courts are established through legislative acts and are dedicated to administering particular sectors of federal law.
Some examples of legislative courts include the United States Tax Court, which handles disputes between taxpayers and the Internal Revenue Service (IRS), and Bankruptcy Courts, which help individuals or businesses eliminate their debts under the protection of the bankruptcy court. Legislative courts provide expertise in specific areas of law, streamlining the judicial process.
The Constitution's Birthplace: Where the CSA First Met
You may want to see also
Frequently asked questions
The US Supreme Court is the highest court in the country.
Article III of the US Constitution created the Supreme Court.
The Supreme Court has the power to decide the constitutionality of federal laws and resolve cases involving federal laws.
Article I Courts are non-Article III tribunals created by Congress. They are sometimes called legislative courts and are staffed by administrative law judges, military judges, and federal magistrates. Examples include the US Court of Appeals for Veterans Claims and the US Tax Court.
