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I believe it refers to Congress' ability to set up a tribunal to hear disputes, appeals, and complaints in regard to some action, the decisions of which can still be reviewed and overturned by the Supreme Court. An example would be Article I courts; Article I courts are also referred to as legislative courts.
Article I hearings include: Territorial courts (These are federal courts located in the district of Guam, the US Virgin Islands and the Northern Mariana Islands), US Court of Military Appeals [US Court of Appeals for the Armed Forces], US Court of Veterans Appeals, US Court of Federal Claims, and US Tax Court. Also included are ancillary courts with judges appointed by Article III appeals court judges, or administrative agencies. Article I judges are not subject to the Article III protections.
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How many courts did the constitution create?
One. Article 3 of the Constitution states that the judicial power of the United States shall be vested in one Supreme Court and such other inferior courts as Congress may create. Article 1 gives Congress the power to create tribunals inferior to the Supreme Court. The Supreme Court is the only constitutionally created court.
Are tribunals inferior to the US Supreme Court?
Yes. Article III, Section 1 mandates one Supreme Court and refers to other courts (and tribunals) as inferior:Article III, Section 1Section 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.
What word does the Constitution use to describe courts that have less power than the Supreme Court?
Article III refers to such courts as "inferior," although certain lower courts are also described as "tribunals" in other parts of the Constitution.
What control does the Congress have over the Supreme Court's appellate jurisdiction?
Congress can pass legislation that prevents the US Supreme Court from exercising appellate jurisdiction over certain Executive and Legislative actions, either in whole or in part. This is known as jurisdiction stripping, or curtailment of jurisdiction. Congress cannot pass legislation that interferes with the Supreme Court's original jurisdiction, as granted by the constitution, nor can they concurrently remove jurisdiction from the Supreme Court and inferior courts, leaving no forum to challenge the legislation (although they may specify which court or courts will have original and appellate jurisdiction in such cases, as they did with Guantanamo detainees).The power to assign jurisdiction derives from three constitutional sources:Article I, Section 8, Clause 19"...To constitute tribunals inferior to the Supreme Court;"Article III, Section 1The 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.Article III, Section 2"...In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make."For more information, see Related Questions, below.
How many inferior courts are there?
There are hundreds of inferior courts that exist in the United States. These courts are in place to serve under the supreme court.
