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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.
There has been considerable dispute over what constitutes a "federal question" in these circumstances, but it is now settled law that the plaintiff cannot seek the jurisdiction of a federal court merely because it anticipates that the defendant is going to raise a defense based on the Constitution, or on a federal statute. [2]
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 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 ...
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 ...
As the Senate now remains in session nearly year-round, this recess appointment power has lost its original necessity and usefulness. [3] [74] There have been 12 recess appointments to the Supreme Court altogether. George Washington made two: Thomas Johnson in August 1791, and John Rutledge in July 1795. Rutledge is the only recess-appointed ...
Even after ratification, some opponents of a strong judiciary urged that the federal court system be limited to a Supreme Court and perhaps local admiralty judges. Congress, however, decided to establish a system of federal trial courts with broader jurisdiction, thereby creating an arm for enforcement of national laws within each state. [6]
The Supreme Court Building houses the Supreme Court of the United States, the highest court in the federal judiciary of the United States.. The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.