Federal constitutional courts are established directly by Article III of the Constitution or by powers granted to Congress. Constitutional courts include the Supreme Court, courts of appeals, and federal district (10 districts) courts. Judges who are nominated by the President and subsequently approved by the Senate serve lifetime terms barring impeachment. Congress also has the power to establish legislative courts under its implied powers. These courts are also known as Article I courts, on account of the necessary-and-proper/elastic clause. They are usually established for a specific purpose. For example, the federal courts in Puerto Rico are legislative courts established to hear federal cases in Puerto Rico. Other territories, such as Samoa and the Virgin Islands, also have their own legislative courts. Judges are elected in a similar manner in the legislative courts; however, they serve fixed, limited terms.
Constitutional and legislative courts are the two main branches of the federal court system in the United States. While they both fall into this category, they each justified differently. Constitutional courts are made up of courts that are established either in the Constitution or by powers exclusively given to Congress in the Constitution. These courts include the US District Courts, the US Court of Appeals, and the US Supreme Court and are defined in Article III of the Constitution. Judges in constitutional courts are nominated by the president and confirmed by the Senate. These judges serve a lifetime term assuming good behavior and Congress cannot lower their salaries. These constitutional courts mainly hear cases regarding challenges/questions to federal law and the Constitution, as well as disputes between people of different states. Legislative courts, on the other hand, can be established by Congress for special purposes as they deem "necessary and proper," as stated in Article I of the Constitution. These courts may hold other specific (or local to one area) hearings and while these judges must be also be nominated by the president and confirmed by the Senate, they do not enjoy a lifetime term nor a set salary. Some US territories like Puerto Rico and Guam have legislative courts, as they do not fall under the scope of Article III. The constitutionality of legislative courts has been challenged a few times, first reaching the US Supreme Court in 1828 with the case "American Ins. Co. v. Canter," where the court reaffirmed Congress' justification and establishment of these courts.
Legislative courts are specialized and hear cases pertaining to a narrow section of the law. Other examples include Tax Court, Court of International Trade, and the Court of Military Appeals. Students should recognize that taxes, international trade, and military are all powers given to Congress in Article I, Section 8. Since these issues can be very complex, it is better for courts that specialize in these areas to have original jurisdiction in these cases.
Please be aware that decisions in these courts CAN be appealed in constitutional courts. See the chart in your text on page 346.
Federal constitutional courts are established directly by Article III of the Constitution or by powers granted to Congress. Constitutional courts include the Supreme Court, courts of appeals, and federal district (10 districts) courts. Judges who are nominated by the President and subsequently approved by the Senate serve lifetime terms barring impeachment. Congress also has the power to establish legislative courts under its implied powers. These courts are also known as Article I courts, on account of the necessary-and-proper/elastic clause. They are usually established for a specific purpose. For example, the federal courts in Puerto Rico are legislative courts established to hear federal cases in Puerto Rico. Other territories, such as Samoa and the Virgin Islands, also have their own legislative courts. Judges are elected in a similar manner in the legislative courts; however, they serve fixed, limited terms.
ReplyDeleteConstitutional and legislative courts are the two main branches of the federal court system in the United States. While they both fall into this category, they each justified differently. Constitutional courts are made up of courts that are established either in the Constitution or by powers exclusively given to Congress in the Constitution. These courts include the US District Courts, the US Court of Appeals, and the US Supreme Court and are defined in Article III of the Constitution. Judges in constitutional courts are nominated by the president and confirmed by the Senate. These judges serve a lifetime term assuming good behavior and Congress cannot lower their salaries. These constitutional courts mainly hear cases regarding challenges/questions to federal law and the Constitution, as well as disputes between people of different states.
ReplyDeleteLegislative courts, on the other hand, can be established by Congress for special purposes as they deem "necessary and proper," as stated in Article I of the Constitution. These courts may hold other specific (or local to one area) hearings and while these judges must be also be nominated by the president and confirmed by the Senate, they do not enjoy a lifetime term nor a set salary. Some US territories like Puerto Rico and Guam have legislative courts, as they do not fall under the scope of Article III. The constitutionality of legislative courts has been challenged a few times, first reaching the US Supreme Court in 1828 with the case "American Ins. Co. v. Canter," where the court reaffirmed Congress' justification and establishment of these courts.
Legislative courts are specialized and hear cases pertaining to a narrow section of the law. Other examples include Tax Court, Court of International Trade, and the Court of Military Appeals. Students should recognize that taxes, international trade, and military are all powers given to Congress in Article I, Section 8. Since these issues can be very complex, it is better for courts that specialize in these areas to have original jurisdiction in these cases.
ReplyDeletePlease be aware that decisions in these courts CAN be appealed in constitutional courts. See the chart in your text on page 346.