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The judicial branch. The Constitution creates the federal judiciary only in the form of the Supreme Court and leaves it to Congress to create any other courts. This is unusual because, the Constitution gives the Supreme Court appellate rather than original jurisdiction in all but certain select matters. If the Supreme Court has only appellate jurisdiction in most matters, where does the appeal come from if there are no trial courts yet created. The powers of Congress are very detailed and the President's fairly detailed, but the Courts powers are not. This was probably because the Framers simply assumed that the judicial power of the federal government would be the same that the common law and chancery courts of England and the states now enjoyed, only that the federal judicial power would be limited to federal questions.

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16y ago

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