FEDERAL COURTS
The U.S. judicial tribunals created by Article III of
the Constitution, or by Congress, to hear and
determine JUSTICIABLE controversies.
The Constitution created the Supreme Court
and empowered Congress, in Article I, Section 8,
to establish inferior federal courts. The authority
of federal courts is limited to that given to them
by the federal statutes that created them. Federal
courts exist independently of the system of
courts in each state that adjudicate controversies
that arise pursuant to the laws of that state.
Legislative and Constitutional Courts
Constitutional courts are established pur-
suant to Article III of the Constitution, which
states, “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.” These courts
have only the powers specified in Article III.
They can hear only cases or controversies; their
judges hold office for life, as long as they are not
guilty of judicial misconduct; and their judges’
salary cannot be reduced while those judges
serve in office.
The Supreme Court, the U.S. courts of
appeal (including the U.S. Court of Appeals for
the Federal Circuit), the U.S. district courts, and
the Court of International Trade are constitu-
tional, or Article III, courts.
Legislative courts are known as Article I
courts because they are created pursuant to the
authority given to Congress in Article I, Section
8, Clause 9, of the Constitution. That section
empowers Congress “To constitute Tribunals
inferior to the Supreme Court.” No restrictions
exist as to the type of court that must be created.
Such courts can possess whatever jurisdiction
Congress deems appropriate. Judges can be
appointed by specific terms of years, and salaries
can be adjusted in response to the changing
economy.
In earlier times, legislative courts were the
best means to bring justice into the territories.
Territorial courts heard all kinds of cases that
the constitutional courts could not hear, such as
DIVORCE cases. Once a territory became a state,
cases that fell within the jurisdiction of the fed-
eral court would be transferred to the federal
court established in the new state; all other cases
would be heard in the courts of the newly cre-
ated state.
The U.S. TAX COURT and the U.S. Court of
Federal Claims are legislative courts. Although
the Court of Military Appeals was created pur-
suant to Article I, it is not part of the judiciary
but functions as a military tribunal to make
rules, to regulate the ARMED SERVICES, and to
review courts-martial.
Structure
District courts function as general trial-level
courts in the federal system. An appeal from a
judgment rendered in a district court is taken to
the court of appeals in the judicial circuit in
which the district court sits. The Supreme Court
hears appeals from a court of appeals pursuant
to its mandatory jurisdiction, certiorari jurisdic-
tion, and its rarely used jurisdiction to decide
QUESTIONS OF LAW certified to it by the court of
appeals. In addition, specialized federal courts
such as the U.S. Court of Federal Claims, the
U.S. Court of International Trade, the U.S.
Court of Appeals for the Federal Circuit, and the
U.S. TAX COURT entertain and determine cases
that involve only certain areas of law.
Geographic Organization
Every judicial district has at least one district
