Who creates federal courts?

Answer 1

Federal courts are part of the Judicial branch of government. Congress possesses the ability to regulate the Judiciary branch, as a whole. One specific congressional power is to create other federal courts, as well as to determine what their jurisdiction will be.

Answer 2

James Madison wrote the United States Constitution which was in turn created from the minds of those who signed said document, the Constitutional Convention. The federal courts are described in Article III (see below).

Article III:

Section. 1.

States, shall be vested in one supreme Court, and

in such inferior Courts as the Congress may from

time to time ordain and establish. The Judges, both

of the supreme and inferior Courts, shall hold their

Offices during good Behaviour, and shall, at stated

Times, receive for their Services, a Compensation,

which shall not be diminished during their

Continuance in Office.

Section. 2.

The judicial Power shall extend to

all Cases, in Law and Equity, arising under this

Constitution, the Laws of the United States, and

Treaties made, or which shall be made, under their

Authority;-to all Cases affecting Ambassadors,

other public Ministers and Consuls;-to all Cases

of admiralty and maritime Jurisdiction;-to Controversies

to which the United States shall be a

Party;-to Controversies between two or more

States;-[between a State and Citizens of another

State;-]* between Citizens of different States,-

between Citizens of the same State claiming Lands

under Grants of different States, [and between a

State, or the Citizens thereof, and foreign States,

Citizens or Subjects.]*

In all Cases affecting Ambassadors, other public

Ministers and Consuls, and those in which a

State shall be Party, the supreme Court shall have

original Jurisdiction. In all the other Cases before

mentioned, the supreme Court shall have appellate

Jurisdiction, both as to Law and Fact, with such

Exceptions, and under such Regulations as the

Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment;

shall be by Jury; and such Trial shall

be held in the State where the said Crimes shall

have been committed; but when not committed

within any State, the Trial shall be at such Place

or Places as the Congress may by Law have

directed.

Section. 3.

Treason against the United States,

shall consist only in levying War against them, or

in adhering to their Enemies, giving them Aid and

Comfort. No Person shall be convicted of Treason

unless on the Testimony of two Witnesses to the

same overt Act, or on Confession in open Court.

The Congress shall have Power to declare the

Punishment of Treason, but no Attainder of Treason

shall work Corruption of Blood, or Forfeiture

except during the Life of the Person

attainted.

(*Changed by the Eleventh Amendment.)