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The Legislative Branch

Both Article I, Section 8 and Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress, or the Legislative branch. This allows Congress to establish Courts and tribunals that are part of the Judicial Branch (constitutional courts), as well as courts of limited jurisdiction that operate outside the Judicial Branch.

Article III Courts

The first time Congress exercised this responsibility was in the Judiciary Act of 1789, at which time they established 13 District and 3 Circuit Courts, fixed the number of Supreme Court justices at six, and created the office of Attorney General, among other things.

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"

The phrase "and in such inferior courts as the Congress may from time to time ordain and establish" indicates the Framers intended Congress to have authority to create, dismantle, assign jurisdiction, vary court size, and make other unspecified changes at their discretion, unless the Constitution dictates otherwise.

Current Article III Courts

  • US District Courts
  • US Court of International Trade
  • US Court of Appeals Circuit Courts
  • Supreme Court of the United States

Article I, Section 8:

"[Congress shall have the power] [t]o constitute tribunals inferior to the Supreme Court"

Examples of Article I Courts

  • US Court of Federal Claims
  • US Bankruptcy Court
  • US Tax Court
  • US Court of Appeals for the Armed Forces

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9y ago
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9y ago

The Legislative Branch (Congress)

Both Article I, Section 8 and Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress, or the Legislative branch. This allows Congress to establish Courts and tribunals that are part of the Judicial Branch (constitutional courts), as well as courts of limited jurisdiction that operate outside the Judicial Branch.

Article III Courts

The first time Congress exercised this responsibility was in the Judiciary Act of 1789, at which time they established 13 District and 3 Circuit Courts, fixed the number of Supreme Court justices at six, and created the office of Attorney General, among other things.

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"

The phrase "and in such inferior courts as the Congress may from time to time ordain and establish" indicates the Framers intended Congress to have authority to create, dismantle, assign jurisdiction, vary court size, and make other unspecified changes at their discretion, unless the Constitution dictates otherwise.

Current Article III Courts

  • US District Courts
  • US Court of International Trade
  • US Court of Appeals Circuit Courts
  • Supreme Court of the United States

Article I, Section 8:

"[Congress shall have the power] [t]o constitute tribunals inferior to the Supreme Court"

Examples of Article I Courts

  • US Court of Federal Claims
  • US Bankruptcy Court
  • US Tax Court
  • US Court of Appeals for the Armed Forces
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9y ago

The lower Federal courts were established by the legislative branch which is Congress. The courts themselves are under the judicial branch.

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9y ago

The legislative branch of the federal government is responsible for establishing lower federal courts. This branch may also remove a judge through the process of impeachment.

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13y ago

Authority for establishing lower courts is vested in the Legislative Branch (Congress) under Articles I and III of the US Constitution.

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11y ago

The legislative branch

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the legislative branch (congress)

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12y ago

legislative

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Q: Which branch of the federal government is responsible for establishing lower federal courts?
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What branch of government is constitutionally responsible for establishing the lower courts.?

the judicial branch


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Yes. This authority is conveyed to Congress via Articles I and III of the Constitution. For more information, see Related Questions, below.


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