The Constitution's Federal Court System Section

The federal court system in the United States is established by Article III of the Constitution, which created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts. The Judiciary Act of 1789 was a significant milestone in the history of the U.S. judicial system, as it established the structure and jurisdiction of the federal judiciary, including the creation of the Supreme Court with six justices, thirteen district courts, and three circuit courts. This Act also provided for the position of Attorney General, who represents the United States in legal matters. The Supreme Court is the highest court in the land and has the power of judicial review, or the ability to declare a Legislative or Executive act in violation of the Constitution. Federal courts decide disputes involving the U.S. Constitution, federal laws, disputes between states, and disputes involving significant amounts of money between residents of different states.

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The Judiciary Act of 1789

The Act also included the Alien Tort Statute, now codified as 28 U.S.C. § 1350, which provides jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States. Additionally, the seniority of the associate justices was set by Section 1 of the Judiciary Act of 1789, with seniority assigned based on the dates on the judicial commissions received from President Washington before taking office.

Jurisdiction of federal courts

The jurisdiction of the federal courts in the United States has been defined by the Constitution, congressional statutes, and decisions of the Supreme Court. Article III of the Constitution, which deals with the judiciary branch, created the Supreme Court and authorized Congress to pass laws establishing a system of lower courts.

The Judiciary Act of 1789 established a Federal court system, with Congress regulating the jurisdiction of all Federal courts. The Act provided for cases to enter a federal court through an original filing, the removal of a case originally filed in state court, and through an appeal from the highest state court to the Supreme Court. Congress has since passed numerous statutes redefining the jurisdiction of the federal courts within the limits set by the Constitution.

The Supreme Court has original jurisdiction over cases affecting ambassadors and public ministers and cases in which a state is a party. The remaining cases fall within the Court's appellate jurisdiction. The Supreme Court's decisions have also established additional rules and doctrines governing federal court jurisdiction.

Below the Supreme Court are 13 appellate courts, known as the U.S. Courts of Appeals. These courts determine whether the law was correctly applied in the trial court or federal administrative agency. Cases can be appealed to these courts from the district courts, which are the general trial courts of the federal court system. Each federal district also has a bankruptcy court, and there are courts with nationwide jurisdiction for issues such as tax, claims against the federal government, and international trade.

Federal judges, including Supreme Court justices, are selected by the President and confirmed by the Senate. They hold their offices for life, receiving compensation that cannot be diminished during their continuance in office.

Appointment of judges

The U.S. Constitution, Article III, establishes the federal court system with the U.S. Supreme Court and permits Congress to create lower federal courts, namely circuit and district courts. The federal court system was established through the Judiciary Act, signed by President Washington on September 24, 1789.

The President nominates Supreme Court justices, court of appeals judges, and district court judges, who are then confirmed by the United States Senate. The Constitution states that these judicial officers are appointed for a life term. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee. While the Constitution sets forth no specific requirements for who may or may not serve as a federal judge, there are several informal, unwritten qualifications if an individual expects to be approved by the Senate. For example, the individual must clearly exhibit knowledge of the law and the Constitution. Attorneys, state or lower court judges, or law professors are most commonly tapped to serve.

The President has the power to fill vacancies that may exist when the Senate is in recess. These appointments are only temporary, however, as they expire at the end of the Congressional session. The names of potential nominees are often recommended by senators or sometimes by members of the House who are of the President's political party.

Bankruptcy judges are appointed for 14-year terms by a majority of judges of the U.S. court of appeals. A U.S. magistrate judge is appointed by a majority vote of the active district judges of the court.

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Checks and balances

The Federal Court System was established by the Judiciary Act, signed by President Washington on September 24, 1789. The Act was passed to address the generality of Article III of the US Constitution, which created the judiciary branch of government.

The US Constitution divides power across three branches of government: the legislative, executive, and judicial. Each branch has its own roles and areas of authority, and they operate within a constitutional system of checks and balances. This system ensures that no one branch becomes dominant over the others.

The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto. The legislative branch can, in turn, override the veto by voting on the law again and passing it with a two-thirds majority. The executive branch is responsible for enforcing and administering federal laws through federal agencies.

The judicial branch can declare acts of the President or laws passed by Congress to be unconstitutional, thereby removing them from the law. Federal courts decide disputes involving the US Constitution, federal laws, disputes between states, and disputes involving more than $75,000 between residents of different states. The legislative, executive, and judicial branches often need to cooperate, and the system of checks and balances ensures that power is balanced across the three branches.

The people of the United States also have powers given to them by the Constitution, allowing them to have their own checks and balances on the branches of the federal government. For example, the people can bar a constitutional amendment by Congress if three-quarters of the states refuse to ratify it. They can also vote for their Representatives every two years and their Senators every six years, thereby influencing who is part of the Judicial branch.

Amendments

Article III of the US Constitution establishes the federal judiciary and created the Supreme Court. 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.

Article III also permits Congress to decide how to organise the Supreme Court and to create lower federal courts, namely circuit and district courts. The Judiciary Act of 1789, signed by President Washington, established a Supreme Court with six justices and created the lower federal court system. This act also gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act lawfully).

The Fourteenth Amendment (1869) expanded the Supreme Court's authority, enabling it to strike down state laws found to be in violation of the Constitution and to apply the provisions of the Bill of Rights beyond the federal government.

The First Congress decided that it could regulate the jurisdiction of all federal courts. Congress established a limited jurisdiction for the district and circuit courts, granting the Supreme Court original jurisdiction and appellate jurisdiction in cases from the federal circuit courts and state courts where federal claims had been rejected.

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