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The Constitution doesn't really establish any courts; Article III, Section 1 mandates (requires) the creation of a Supreme Court. The Judiary Act of 1789actually established the Supreme Court and a rudimentary federal judicial system. The Supreme Court didn't exist in the period between the Constitution's adoption (September 17, 1787), ratification by the states (June 21, 1788) and passage of the first Judiciary Act (September 24, 1789).

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.

While differentiating between the words "establish" and "mandate" may seem like unnecessary semantics, it's important to remember the Constitution forms a foundation and a set of guiding principles for the US government, but leaves most of the details to Congress and the President (the Supreme Court doesn't play a direct legislative role in government).

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Related Questions

Can a president set up a court system?

No, only Congress can set up the court system according to Article 3 and 1 of the US Constitution


What Supreme Court case set up the Supreme Court?

There is no case that set up the Supreme Court. The US Supreme Court was required under Article III of the Constitution; Congress created it with the Judiciary Act of 1789.


The Number of justices on the Supreme Court is set by?

The Canadian Constitution.


How states are organized?

The state courts are going to be set up according to the state constitution. Most of them have 3 levels. The local courts, usually set up by county. Then there are appeals courts, typically set up by regions within the state. And then the State has their highest court, normally referred to as the Supreme Court.


What does the constitution set up?

The US Constitution sets up the US government.


Who was given the Authority to set up a system of federal courts?

The authority to set up a system of federal courts was granted to Congress by the U.S. Constitution. Article III of the Constitution establishes the judicial branch and allows Congress to create inferior courts under the Supreme Court. This provision enables Congress to determine the structure and jurisdiction of the federal court system.


What is the only federal court set up by the constitution?

Congress has established a lot of courts in the federal judiciary; the Constitution gives them that power in Article I. The only court specifically mentioned in the Constitution is the US Supreme Court, which was mandated by Article III of the Constitution, but established by Congress in the Judiciary Act of 1789.


How did the marshal court interpret the constitution in the rulings?

The Marshall Court set the precedent that US laws could be devalidated if they were found to violate the US Constitution and gave the courts this power.


Is it true or false that Article II of the Constitution sets up the rules for the federal court system?

False. Article II of the U.S. Constitution establishes the executive branch and outlines the powers and responsibilities of the President. The rules for the federal court system are set up in Article III, which establishes the judicial branch, including the Supreme Court and other federal courts.


What system of government did the constitution set up?

Federal system


How is the government set-up in the Constitution?

by law


Does Article II of the Constitution set up the rules for the federal court system?

No, Article III address the federal court system (Judicial branch); Article II discusses the powers of the President (Executive branch).

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