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What branch of government has the power to create inferior or lower courts?
Wiki User
∙ 12y ago
The Legislative branch (Congress) creates federal courts below the Supreme Court. Article III Courts (US District Courts, US Court of Appeals Circuit Courts, certain special subject matter courts) become part of the Judicial branch. All federal courts are part of the federal court system, but not all of them are part of the Judicial branch.
Wiki User
∙ 13y ago
Wiki User
∙ 13y agoThe Legislative Branch
Both Article I, Section 8 and Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress, or the Legislative branch. This allows Congress to establish Courts and tribunals that are part of the Judicial Branch (constitutional courts), as well as courts of limited jurisdiction that operate outside the Judicial Branch.
Article III Courts
The first time Congress 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.
Current Article III Courts
- US District Courts
- US Court of International Trade
- US Court of Appeals Circuit Courts
- Supreme Court of the United States
Article I, Section 8:
"[Congress shall have the power] [t]o constitute tribunals inferior to the Supreme Court"
Examples of Article I Courts
- US Court of Federal Claims
- US Bankruptcy Court
- US Tax Court
- US Court of Appeals for the Armed Forces
Wiki User
∙ 13y agoLegislative Branch
Congress is authorized to create courts "inferior to" the Supreme Court under Article I and Article III of the Constitution.
Wiki User
∙ 13y agoThe Legislative Branch has the authority to create and abolish courts below the US Supreme Court.
Wiki User
∙ 9y agoCongress, the legislative branch, has the ability to create lower courts. Congress also has the ability to amend the U.S. Constitution.
Wiki User
∙ 12y agothe legislative branch
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According to the US Constitution the courts are part of which of the three branches of government?
It is in the judicial branch. Article 3 of the Constitution vests the judicial power of the new government in the US Supreme Court. Article 3 goes on to authorize Congress to create other lower courts, like trial and appeals courts, as it sees fit.
Who creates all lower courts?
congress it self make the lower courts, its a check that congress has over the supreme court
How many courts did the constitution create?
One. Article 3 of the Constitution states that the judicial power of the United States shall be vested in one Supreme Court and such other inferior courts as Congress may create. Article 1 gives Congress the power to create tribunals inferior to the Supreme Court. The Supreme Court is the only constitutionally created court.
Which branch of government can create standard weights and measures?
congress
Who establishes federal courts lower than the Supreme Court?
CongressBoth Article I, Section 8 and Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress, or the Legislative branch. This allows Congress to establish Courts and tribunals that are part of the Judicial Branch (constitutional courts), as well as courts of limited jurisdiction that operate outside the Judicial Branch.Article III (constitutional) Courts comprise the Judicial Branch of government. All other federal courts fall outside the Judicial Branch.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.Current Article III CourtsUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United StatesArticle I, Section 8:"[Congress shall have the power] [t]o constitute tribunals inferior to the Supreme Court"Examples of Article I CourtsUS Court of Federal ClaimsUS Bankruptcy CourtUS Tax CourtUS Court of Appeals for the Armed Forces
Which branch of government was given the power to create inferior courts of the judicial system?
The Legislative Branch is in control of inferior courts.
Which branch of the government was given power to create the inferior courts of the judicial system?
The Legislative Branch is in control of inferior courts.
What branch determines the number of inferior courts?
The Supreme Court is considered the highest court in the United States. All courts besides them are considered "inferior courts", and the legislative branch has the power to create these courts.
The US Courts of Appeals and District Courts are parts of which branch of the government?
The Legislative Branch. Articles I and III of the US Constitution vest Congress with the power to create courts "inferior" to the US Supreme Court.
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.
Does the US Supreme Court create the inferior courts?
No. Article I, Section 8 and Article III of the Constitution authorizes Congress to create courts "inferior" to the US Supreme Court.
Who determines the number of inferior courts?
Individual states create inferior courts.
Who creates courts?
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.
Who federal courts?
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.
What type of inferior courts are listed in the US Constitution?
No types of inferior courts are listed in the US Constitution. The Constitution sets up the Supreme Court in Article III but leaves it to Congress to set up other inferior courts as it sees fit. In addition to the Article III power to create inferior courts, Article I also empowers Congress to create tribunals inferior to the Supreme Court but likewise does not describe what type they might be.
What does the Judicial Branch of the US Governent create?
The Judicial branch of our government is the Supreme Court and other federal courts. THey actually "create" nothing. Their job is to rule on the laws of this country, passed by the Legislative branch, according to the Constitution. They must decide if laws are constitutional.
Who has the power to create lower federal courts?
Legislative branch
