Why can Congress abolish every federal court except the US Supreme Court?

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Article III of the Constitution mandates the federal government have a Supreme Court to head the Judicial branch of government; lower courts are created and dismantled at the discretion of Congress.


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.

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.
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When was the US Supreme Court and federal court system created?

Article III, Section 1 of the Constitution mandated creation of a Judicial Branch of government, with the power vested in a Supreme Court. The Judiciary Act of 1789 officially established the Supreme Court and a small federal court system. Explanation The US Constitution, adopted on September ( Full Answer )

Which house of Congress approves appointments to the US Supreme Court?

The Senate , per Article II, Section 2, (the Nomination Clause) of the US Constitution, was long required to "advise and consent" in the fashion specified in the Section's text reproduced below. However, S. 679, signed into law as Public Law No: 112-166 by President Barack H. Obama on 10 August 201 ( Full Answer )

What can Congress do if the US Supreme Court declares a law unconstitutional?

Congress can attempt to rewrite the law so that it conforms withthe Supreme Court's interpretation of the Constitution; or, theycan abandon an ill-conceived law; or, they can attempt to work withthe states to amend the Constitution (the least likely and mosttime-consuming solution). Congress cannot ( Full Answer )

How can the US Supreme Court check the power of Congress?

The Supreme Court rules on the Constitutionality of laws ( judicial review ). What this means is that if a person is charged with violating a law, and is found guilty, he or she can continue to appeal to higher and higher courts, and, if the Supreme Court decides to hear the case, they may come down ( Full Answer )

What jurisdiction does the US Supreme Court and federal court system have?

The Supreme Court and the federal courts have jurisdiction over civil and criminal cases involving: . cases arising under the constitution . cases arising under laws and treaties made by the United States According to Article III, Section 2 of the Constitution, the Supreme Court has origi ( Full Answer )

How does the US Supreme Court check the power of Congress and the President?

The Supreme Court uses judicial review to declareactions by the President or Congress to be invalid if they arecontrary to the Constitution. The Constitution is the supreme lawof the land and no presidential act or congressional laws mayconflict with it. The Courts are the interpreters of the laws ( Full Answer )

How does the US Supreme Court check the power of Congress?

The Supreme Court uses judicial review to declare laws passed by Congress (Legislative Branch) to be invalid if they are contrary to the Constitution. While the justices may only review laws that are relevant to a case or controversy before the Court, it is not uncommon for parties to challenge ba ( Full Answer )

Can Congress abolish the US Supreme Court?

No. The US Supreme Court is the only federal court Congress is powerless to abolish, because the Court is mandated by Article III of the Constitution.

How can Congress override a US Supreme Court decision?

Congress cannot override a Supreme Court decision. If the decision interprets the Constitution or an Amendment, Congress cannot override the decision except by calling for a Constitutional Convention to change that provision of the Constitution or Amendment. (Not likely) This would require cooper ( Full Answer )

Why can't Congress abolish the US Supreme Court?

Congress can't abolish the US Supreme Court because such an action would be unconstitutional. Article III, Section 1 of the Constitution mandates that the federal government must have a Supreme Court, head of the Judicial branch of government. Additionally, the Constitution only allows Congress t ( Full Answer )

Does the US Supreme Court belong to Congress?

No. The Supreme Court belongs to no one. It is the head of the Judicial Branch of the US Government as established by the Constitution, and is independent of the other branches of government. The Executive Branch appoints judges and the Congress approves them.

Did Congress establish the US Supreme Court?

Yes and no. Article III of the Constitution mandated the creation of the US Supreme Court, but Congress actually established the Court in the Judiciary Act of 1789.

Why does Congress have authority to determine the size of the US Supreme Court?

The U.S. Constitution did not set the number of justices, but Article III of the Constitution implies Congress the power to set the number of justices while Article I, section 2 grants the President power to nominate and, with the advice and consent of the Senate, to appoint Supreme Court justices. ( Full Answer )

Are federal courts below the US Supreme Court?

The US Supreme Court is a federal court; it is the head of the Judicial branch of government. Article III Courts, which includes US District Courts (trial courts) and US Courts of Appeals Circuit Courts are directly below the US Supreme Court. There are a few other courts of limited jurisdiction th ( Full Answer )

How does Congress veto a US Supreme Court decision?

It doesn't. The Constitution doesn't give Congress (Legislative branch) authority to change the Supreme Court's (Judicial branch) decisions. If it did, there would be no check on the power of Congress, and no way to overturn unconstitutional laws. For more information, see Related Questions, bel ( Full Answer )

How do Congress and the President check the power of the US Supreme Court?

How Congress Checks the Supreme Court: . Senate approves federal judges, including Supreme Court justices (Article II, Appointments Clause) . Impeachment power (House) . Trial of impeachments (Senate) . Power to initiate constitutional amendments (to undo supreme court decisions) . ( Full Answer )

What federal courts are lower than the US Supreme Court?

JUDICIAL BRANCH (Article III) US District Courts The 94 US District Courts are the trial courts of the federal judiciary. They have jurisdiction over most types of cases, both civil and criminal, within their geographical territory. Appeals from US District Courts go to the US Court of Appea ( Full Answer )

How does the US Supreme Court limit the power of Congress?

The Supreme Court uses judicial review to declare laws passed by Congress (Legislative Branch) to be invalid if they are contrary to the Constitution. While the justices may only review laws that are relevant to a case or controversy before the Court, it is not uncommon for parties to challenge ba ( Full Answer )

What is the difference between federal court and the US Supreme Court?

"Federal court" refers to any court that hears cases related to United States law, the Constitution, or the US government, as opposed to state, county or municipal courts that hear more local matters. The Supreme Court of the United States is the highest federal court, and is head of the Judicial ( Full Answer )

How did Congress create the US Supreme Court and the lower federal courts?

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 can ( Full Answer )

Can Congress choose a US Supreme Court justice?

No. The Constitution is very specific about the process for choosing US Supreme Court justices. The President has sole authority to nominate a candidate; the Senate has sole authority to vote whether to accept or reject the nomination; the House of Representatives plays no role in the appointment pr ( Full Answer )

Should the US Supreme Court abolish the Federal Reserve?

The US Supreme Court does not have the authority to abolish government agencies and departments, unless the agency is created under legislation that is challenged in court and determined to be unconstitutional. This is outside the scope the the Supreme Court's responsibility.

How did Congress create the US Supreme Court and federal court system?

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.

Does the US Supreme Court have the power to define the powers of Congress?

No. The Constitution assigns responsibilities and authority to each branch of government, and maintains separation of powers; they don't control each other. The US Supreme Court has the implied power of judicial review, which allows them to determine if an act of Congress is unconstitutional, to nul ( Full Answer )

Who created all federal courts except the Supreme Court?

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.

What can Congress do if a US Supreme Court justice accepts a bribe?

The House of Representatives could file articles of impeachment against the justice, which is approximately the equivalent of a Grand Jury indictment. If the House votes to impeach, the Senate will hold a trial to determine whether the justice should be removed from office. Impeachment does not carr ( Full Answer )

Is the Federal judiciary the US Supreme Court?

No. The "federal judiciary" is a general term that refers to the federal court system as a whole. The US Supreme Court is part of the federal judiciary, but so are all the other courts. The Judicial Branch, on the other hand, consists only of Article III (constitutional) courts. The US Supreme Co ( Full Answer )

Can a US Supreme Court decision be overturned by Congress?

No. Congress does not have the authority to overturn a Supreme Court decision because of constitutional separation of powers. No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Suprem ( Full Answer )

Is the US Supreme court a federal trial court?

Not really, although there are a few exceptions. The US Supreme Court hears most cases under its appellate (appeals) jurisdiction; however, the Constitution grants the Court original (trial) jurisdiction over disputes between the states and cases involving ambassadors and other foreign dignitaries ( Full Answer )

Can the Supreme Court be abolished?

Abolished is really the wrong word, as the Supreme Court is not an institution but a legal entity. It'd be like abolishing a person, it doesn't make sense. But, to answer your question: In theory an amendment could strike out all of Article III of the Constitution that establishes the Supreme Co ( Full Answer )