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Congress (the Legislative Branch)
Article I, Section 8 and Article III of the Constitution authorizes Congress to establish federal courts inferior to the US Supreme Court.
Article I, Section 8:
The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States;
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To constitute tribunals inferior to the Supreme Court;
Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress, or the Legislative branch. The first time they exercised this responsibility was in the Judiciary Act of 1789, at which time they established 13 District and 3 Circuit Courts, fixed the number of Supreme Court justices at six, and created the office of Attorney General, among other things.
Article III, Section 1:
"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. 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"
The phrase "and in such inferior courts as the Congress may from time to time ordain and establish" indicates the Framers intended Congress to have authority to create, dismantle, assign jurisdiction, vary court size, and make other unspecified changes at their discretion, unless the Constitution dictates otherwise.
For more information, see Related Questions, below.
Articles I and III of the US Constitution vest Congresswith the power to establish lower, or "inferior" courts to the US Supreme Court.
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What kind of power allows Congress to establish lower courts in the federal judiciary?
inherent power
Which branch has power to create lower federal courts?
Congress has the power to create lower federal courts, therefore the Legislative branch has the power to create these courts.
Who has the power to create lower federal courts?
Legislative branch
What is a concurrent power shared by the federal and state governments?
There are several concurrent powers that are shared by the federal and state governments. These powers include the power to build roads, tax, create lower courts and establish bankruptcy laws.
What is a concurrent power shared by the government and state government?
There are several concurrent powers that are shared by the federal and state governments. These powers include the power to build roads, tax, create lower courts and establish bankruptcy laws.
Article III?
This article established the Supreme Court and authorizes Congress to establish lower federal courts. The types of cases the courts have jurisdiction over are given, and a provision is made for the right to trial by jury. While not specifically stated, the power of the courts to declare a law unconstitutional is implied.
How can federal courts check the president's power?
The federal courts can check the Presidents power by that courts can declare executive actions unconstitutional.
Who has the power to establish courts?
Article 1,Section 8,Clause 9 gives congress the enumerated power to Establish Tribunals. Thus giving them the power to establish our country's courts.
What judiciary is most important Federal or state?
They are both important, but the federal courts wield more power, as they can overrule a lower, state court's decision.
What is an accurate statement about the federal court system?
Congress has the power to create new federal courts.
How can federal courts the presidents power?
"The federal courts can check the Presidents How_can_Federal_Court_check_the_presidents_powerby that courts can declare executive actions unconstitutional."
Do Congress has the power to establish courts of law?
Yes.
