Constitutional Courts - mandated by the constitution Legislative Courts
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.
The power to create federal courts below the Supreme Court lies with Congress, as outlined in Article III of the U.S. Constitution. Congress has the authority to establish lower federal courts and determine their jurisdiction and structure. This includes the creation of district courts and appellate courts, which serve to handle cases that fall under federal jurisdiction.
No. Article I, Section 8 and Article III of the Constitution authorizes Congress to create courts "inferior" to the US Supreme Court.
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.
Congress is vested with the authority to create courts "inferior" to the US Supreme Court in both Article I and Article III of the US Constitution.
Under Articles I and III of the Constitution, Congresshas sole authority to create federal courts. They established the US Supreme Court (mandated by the Constitution) and first federal courts in the Judiciary Act of 1789.
The U.S. Constitution establishes two primary types of courts: the Supreme Court and inferior courts. The Supreme Court is the highest court in the land, while Congress has the authority to create lower federal courts, known as inferior courts, to address various legal matters. These courts are part of the federal judiciary system, which interprets and applies federal law.
Section 71 explicitly created the high courts, and allowed the parliament to create other courts and they then used that power to create the federal court. In legal limbo the Federal Court is called a Chapter 3 court because it is able to discharge judicial power as specified in Chapter 3 of the constitution.
Article III of the Constitution refers to such courts as "inferior," meaning lower in power and authority than the US Supreme Court.
The judicial power granted to Congress under the U.S. Constitution allows it to establish inferior courts beneath the Supreme Court. This authority is outlined in Article III, Section 1, enabling Congress to create and organize various lower courts, such as district courts and courts of appeals. These courts handle federal cases, ensuring the judiciary operates effectively and can manage the caseload that the Supreme Court does not directly address. This structure helps maintain a balanced and accessible legal system.
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.