What does the Constitution say about lower courts?

The very first sentence of Article III says: “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.” So the Constitution itself says that we will have a Supreme Court, and that this Court is separate from …

Why does Hamilton think the courts are the weakest branch?

Data Stories The Least Dangerous Branch? Alexander Hamilton once described the judiciary as the least dangerous branch of government, since it controlled no armies and lacked spending power. This has inspired constitutional designers to try to empower independent courts to check other branches.

When did the U.S. Supreme Court first use judicial review to overthrow federally enacted law?

1803
In 1803, Marbury v. Madison was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional.

What is the Madisonian compromise?

Madisonian compromise = Congress had complete discretion whether or not to create lower federal courts. Only Justice Story though that Congress was bound to vest the entire Article III power in federal courts. Only he thought that both the original and appellate power of the judiciary had to vest somewhere.

Who establishes lower courts as they are needed?

Congress
The Constitution also grants Congress the power to establish courts inferior to the Supreme Court, and to that end Congress has established the United States district courts, which try most federal cases, and 13 United States courts of appeals, which review appealed district court cases.

Which is the lowest level of federal courts?

U.S. district courts
The lowest level of federal courts is the U.S. district courts. District courts are the trial courts, and they are courts of original juris- diction. Original jurisdiction is the authority of a court to hear and decide a case for the first time.

Why would the Supreme Court remand a case to a lower court?

Why would the Supreme Court remand a case to a lower court? The Court did not have time on its schedule to address the case. The Court believes the case does not address a significant point of law. It wants the lower court to reconsider the ruling based on other court rulings.

What is a Madisonian Congress?

The Madisonian model is a structure of government in which the powers of the government are separated into three branches: executive, legislative, and judicial.