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Were all federal courts except the Supreme Court established by Constitutional Amendment since 1789?
No. Article III of the Constitution, which pre-dates all of the Amendments, mandated Congress create the US Supreme Court, and authorized them to establish other federal courts at their discretion. Lower federal courts are created, consolidated or disbanded by general legislation. The Judiciary Act of 1789 was the first such legislation, but it only created thirteen District Courts and three Circuits.
In addition to the US Supreme Court, the current federal court system includes 94 US District Courts and 13 US Court of Appeals Circuit Courts, as well as a number of limited jurisdiction tribunals, such as US Bankruptcy Court, US Tax Court, etc. The function and jurisdiction of the District and Circuit courts has both expanded and changed since the 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.
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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After the Supreme Court decision in Pollock v. Farmers' Loan and Trust Progressives sought to create a federal income tax by?
After the Supreme Court decision in Pollock v. Farmers' Loan and Trust, Progressives sought to create a federal income tax by Constitutional amendment.
What the supreme court decision in Pollock v. farmers' loan and trust progressives sought to create a federal income tax by?
A constitutional amendment.
What was the supreme court decision in pollock v farmers' loan and trust progressives sought to create a federal income tax by?
A constitutional amendment.
What was the supreme court decision in pollock v farmers' loan and trust progressives sought to create a federal income tax by what?
A constitutional amendment - Apex
What are differences between constitutional federal courts legislative federal courts and the supreme court?
Constitutional federal courts are either created or allowed to be created under Article III of the Constitution. For instance, federal district courts and circuit court of appeals are Constitutional federal courts. The Supreme Court also falls under the category of Constitutional Federal Courts and it is the highest court in America. Legislative federal courts, on the other hand, are established by Congress using implied power. For instance, the Court of Military Appeals is a legislative federal court.
How could one of the major organizations within the federal government effectively overcome the supreme courts ruling to allow federal government to outlaw burning a flag?
Congress could propose a constitutional amendment that would outlaw flag burning
Under which category does the constitutional amendment fall?
protection from federal government
What US Constitutional amendment was economic?
The 16th amendment to the US Constitution provides for the federal income tax.
In 1916 what did the supreme court rule that it was constitutional to?
Federal Income Tax
Under which category does this Constitutional Amendment fallprohibited the manufacture and distribution of liquor repealed the Eighteenth Amendment?
Power of the Federal Government
Does constitutional law take precedence over case law when a State constitutional amendment conflicts with the US Constitution?
The US Constitution takes precedence over state constitutions when there are conflicts between amendments, per the Sixth Amendment Supremacy Clause. The US Supreme Court can't nullify a state constitutional amendment unless it has an opportunity to grant certiorari to a case challenging the state constitution, however. Case law relevant to conflicts between state and federal constitutional conflicts would invariably support the federal constitution. If the State constitutional amendment isn't ruled unconstitutional by the State supreme court, the US Supreme Court would overturn the amendment (if it truly represents a constitutional conflict). In one recent example, New Jersey voters ratified an amendment to their state constitution allowing them the prerogative to recall Congressmen with whom they were dissatisfied. The New Jersey amendment is unconstitutional under the US Constitution, but the Supreme Court can't do anything about it until voters attempt to recall a Senator or Representative and someone with standing (the Senator or Representative himself) files suit contesting the action. The case would have to go through the New Jersey court system and the NJ Supreme Court decision appealed to the US Supreme Court before the federal court could make a determination. The process could take several years, or the amendment could remain part of the NJ constitution indefinitely, if it's never acted upon.
Who determines if a federal bill is constitutional?
The Supreme Court determines if bills passed into law by the Congress and the President are constitutional.
