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The Supreme Court has interpreted this provision as enabling Congress to create inferior (i.e., lower) courts under both Article III, Section 1, and Article I, Section 8. The Article III courts, which are also known as "constitutional courts", were first created by the Judiciary Act of 1789, and are the only courts with judicial power.
The United States courts of appeals are the intermediate federal appellate courts. [1] They operate under a system of mandatory review which means they must hear all appeals of right from the lower courts. In some cases, Congress has diverted appellate jurisdiction to specialized courts, such as the Foreign Intelligence Surveillance Court of ...
Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...
Article III courts (also called Article III tribunals) are the U.S. Supreme Court and the inferior courts of the United States established by Congress, which currently are the 13 United States courts of appeals, the 91 United States district courts (including the districts of D.C. and Puerto Rico, but excluding the territorial district courts of the Northern Mariana Islands, Guam, and the ...
The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment. [2] [3] [4] Alexander Hamilton wrote about the way the Constitution allocates the power of appointment in The Federalist No. 76 (1778). The president, he asserted, should have ...
Section 3 grants Congress the 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 at-tainted." Article Four Section 3 gives Congress the power to admit new states into the Union. It also grants Congress the power "to dispose of and make all ...
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
In other words, a plaintiff can choose to bring these cases in either a federal district court or a state court. Congress has established a procedure whereby a party, typically the defendant, can "remove" a case from state court to federal court, provided that the federal court also has original jurisdiction over the matter (meaning that the ...