Federal Courts-Nova net-
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congress
By acts of Congress.
By acts of Congress.
to create federal courts below the supreme court
Article III of the Constitution vested Congress with the power of creating federal courts below the Supreme Court, at their discretion. This authority includes determining the number and (usually) jurisdiction of each court. Congress also has the power to eliminate federal courts below the Supreme Court.
Congress created the Supreme Court of the United States and the first "inferior courts" of the federal judiciary in the Judiciary Act of 1789, but has expanded or dismantled parts of the federal court system at various points in history via other Judiciary Acts. The only federal court Congress cannot abolish is the Supreme Court because it is mandated under Article III of the Constitution.
The Constitution established only one federal court, the Supreme Court. It left to Congress the job of creating the federal court system. Congress has created two types of federal courts, District and Courts of Appeals . It has also enacted laws dealing with the size and function of the Supreme Court.
No. The Constitution mandated Congress create the Supreme Court and empowered them to create whatever lower courts they deemed necessary, but the Constitution did not actually establishthe federal court system. Congress began that process with the Judiciary Act of 1789.
No. With the exception of the Supreme Court, Congress was vested with the authority to create or dismantle federal courts according to perceived need, under Article III, Section 1 of the Constitution. They have exercised this power a number of times.Article III, Section 1The 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.For more information, see Related Questions, below.
Yes, Congress has the authority to change the structure and function of the Judicial Branch in any way not prohibited by the Constitution. For example, Congress can change the number of justices seated on the Supreme Court; can create or abolish courts inferior to (below) the Supreme Court; and can change the what cases a court can hear under appellate jurisdiction.
The Supreme Court doesn't have the authority to change the size of the Court; the constitutional authority for making structural changes to the federal judiciary is vested in Congress. This is one of the checks on the Judicial branch of the US government. For more information, see Related Questions, below.
Congress created a rudimentary federal court system in The Judiciary Act of 1789. Although Article III of the Constitution mandated a US Supreme Court, the Court was actually established by the same 1789 legislation.For more information, see Related Questions, below.