“Each new generation of Americans inherits as a birthright the legal protections secured, protected and expanded by the vigilance of preceding generations. These rights – freedom of speech, trial by jury, personal liberty, a representative and limited government, and equal protection of the laws, to name a few – give every citizen a vested interest in American justice.”
Ronald Reagan, Proclamation for Law Day USA, April 15, 1983
“To constitute Tribunals inferior to the Supreme Court;” Article 1, Section 8, Clause 9, US Constitution
Congress has the power to create federal courts other than the Supreme Court. It has the power to determine their jurisdiction.
Jurisdiction is defined as: The geographic area over which authority extends; legal authority; the authority to hear and determine causes of action.
The other responsibilities that Congress has regarding how the courts will operate are:
1. Deciding how many judges there will be and where they will be located.
2. Through the process of confirmation, the Congress determines which of the President’s nominees will become federal judges.
3. Congress approves the federal court budget and appropriates money for the judicial branch to operate.
There are two types of federal courts – Trial Courts, also known as District Courts and Appellate Courts.
District Courts hear all categories of federal cases, including civil and criminal matters. There are 94 federal judicial districts.
There are also two special trial courts in the federal system:
• Court of International Trade, which deals with trade and customs issues
• US Court of Federal Claims, which deals with claims for monetary damages against the US
Appellate Courts hear appeals from District Courts in its circuit. It also hears appeals from federal administrative agencies. The 94 districts are organized into 12 regional circuits.
This is a list of federal courts and other entities, which are outside the management of the judicial branch. These are:
• Military Courts
• Court of Veterans’ Appeals
• US Tax Court
• Federal Administrative Agencies and Boards
This is a chart that shows the structure of the federal court system:
(If you click on the download button under the chart, you can see an enlarged version)
This is a web page that can provide you with additional information about the federal court system: http://www.uscourts.gov/FederalCourts.aspx
We the people give Congress that authority to establish federal courts below the level of the Supreme Court. (The Judicial Branch is detailed in Article III of the Constitution).
We the people get a system of federal courts that can be adapted to the populations and territory of the US.
References:
Findlay, Bruce Allyn and Findlay, Esther Blair. Your Rugged Constitution. Stanford: Stanford University Press, 1950
Hannaford, Peter. The Quotable Ronald Reagan. Washington, DC: Regnery Press, 1998
US Constitution