In the United States, the power to establish courts is divided among four authorities: the Constitution itself creates the Supreme Court, Congress creates every other federal court, each state creates its own court system under its own constitution, and tribal nations maintain their own courts under a sovereignty that predates the federal government. No single body holds the power to establish courts in the US — it is distributed by design.
The Constitution Creates Only the Supreme Court
Article III, Section 1 vests the judicial power of the United States in “one Supreme Court.”1Legal Information Institute. Article III, US Constitution That single clause does two things at once. It guarantees the Supreme Court’s existence, meaning Congress cannot abolish it or replace it with a different body. And it stops there. The Constitution creates no other court.
Article III also protects the independence of the justices, and of every judge appointed under that article, by providing that they serve “during good Behaviour.” In practice that means a lifetime appointment ending only by resignation, retirement, or impeachment and conviction.2United States Courts. Types of Federal Judges This tenure protection is the defining feature of Article III courts, and it separates them from every other kind of tribunal in the federal system.
One thing the Constitution does not fix is the size of the Supreme Court. The number of justices has always been set by statute, and only Congress can change it.
Congress Creates Every Other Federal Court
Below the Supreme Court, every federal court exists because Congress passed a law bringing it into being. Article III, Section 1 gives Congress the power to “ordain and establish” inferior courts as it sees fit.1Legal Information Institute. Article III, US Constitution If Congress had never acted, the federal judiciary would consist of the Supreme Court alone.
Congress first used this power in the Judiciary Act of 1789, which built out the tiered structure — trial courts, intermediate appellate courts, and a supreme appellate court — that still defines the federal judiciary today.3United States Senate Committee on the Judiciary. The History of the Supreme Court of the United States The system now includes 94 U.S. District Courts, which serve as the primary federal trial courts, and 13 U.S. Courts of Appeals, which review their decisions.4United States Courts. About US District Courts Congress can create new judgeships, redraw district boundaries, or restructure circuits through additional legislation.
Congress Also Controls What Federal Courts Can Hear
Creating a court is only part of the authority. Congress also decides what cases a federal court can decide. The Supreme Court has interpreted Article III as setting the outer boundary of federal jurisdiction: Congress cannot grant jurisdiction beyond what the Constitution authorizes, but it is not required to grant the full authority it could.5Congress.gov. Article III, Section 1 – Overview of Judicial Branch Lower federal courts hear only the cases a statute allows them to hear.
Two major grants of jurisdiction cover most federal cases. District courts hear cases that arise under federal law, the Constitution, or treaties.6Office of the Law Revision Counsel. 28 US Code 1331 – Federal Question They also hear disputes between citizens of different states when more than $75,000 is at stake, a category known as diversity jurisdiction.7Office of the Law Revision Counsel. 28 US Code 1332 – Diversity of Citizenship; Amount in Controversy; Costs Congress can expand or narrow either grant at any time.
The Supreme Court’s own jurisdiction is split. Its original jurisdiction, the narrow set of cases it hears as a trial court such as disputes between states, comes directly from the Constitution and is beyond Congress’s reach. Its appellate jurisdiction is subject to “such Exceptions, and under such Regulations as the Congress shall make.”5Congress.gov. Article III, Section 1 – Overview of Judicial Branch That gives Congress meaningful control over which appeals the Court can review.
Specialized Tribunals Under Article I
Article I, Section 8 gives Congress a separate power to “constitute Tribunals inferior to the supreme Court.”8Legal Information Institute. Article I, Section 8, Clause 9 – Inferior Federal Courts Courts created under this authority are called Article I courts or legislative courts, and their judges serve fixed terms rather than for life.
- United States Tax Court judges serve 15-year terms and resolve disputes between taxpayers and the IRS.9Office of the Law Revision Counsel. 26 US Code 7443 – Membership
- Bankruptcy judges serve 14-year terms and are appointed by the judges of their regional circuit court of appeals.2United States Courts. Types of Federal Judges
- The Court of Appeals for the Armed Forces hears appeals from military courts-martial under Congress’s authority to regulate the armed forces.
Congress has also authorized magistrate judges, who work inside the existing district courts on renewable eight-year terms and handle pretrial matters, search warrants, minor sentencing, and, with the parties’ consent, full civil trials.10Office of the Law Revision Counsel. 28 US Code 636 – Jurisdiction, Powers, and Temporary Assignment
Each State Creates Its Own Court System
The federal government does not have a monopoly on judicial power. The Tenth Amendment reserves to the states all powers not granted to the federal government, and the authority to establish courts is one of them.11Legal Information Institute. Overview of the Tenth Amendment, US Constitution Annotated Each state’s constitution defines the framework of its court system, and the state legislature fills in the details.
A typical state system runs from limited-jurisdiction courts at the bottom, which handle traffic violations, small claims, and ordinance infractions, up through general trial courts that hear serious civil and criminal cases, then intermediate appellate courts, and finally a state supreme court. Local governments establish municipal courts for city ordinance violations and minor offenses. Names, organization, and the number of layers vary widely from state to state.
State courts handle the vast majority of legal disputes in the country, including family law, contract cases, property disputes, and most criminal prosecutions. Because each state designs its own system independently, there is real variety both in structure and in how judges reach the bench.
Tribal Nations Maintain Courts Under Inherent Sovereignty
Tribal courts are different from every other category because they are not created by a grant from any outside government. Native American tribes possess a sovereign authority that predates the United States, and the power to establish courts flows from the tribe’s inherent right to self-governance. Approximately 400 tribal justice systems operate across the country today.12Indian Affairs – BIA. Tribal Court Systems
Tribal courts hear a wide range of disputes. On the civil side, that includes divorce, custody, child support, guardianship, property, and business contracts.12Indian Affairs – BIA. Tribal Court Systems On the criminal side, they have jurisdiction over misdemeanor offenses committed by tribal members within tribal lands. Tribal governing bodies draft the legal codes that define their courts’ jurisdiction and procedures, sometimes blending traditional legal principles with modern frameworks.
Federal law does limit tribal jurisdiction in certain situations. The Major Crimes Act requires that serious offenses committed by a tribal member in Indian country — including murder, kidnapping, arson, robbery, burglary, and certain sexual offenses — be prosecuted in federal court rather than tribal court.13Office of the Law Revision Counsel. 18 US Code 1153 – Offenses Committed Within Indian Country For offenses outside that law, tribal courts retain authority over their own members.
A Note on Administrative Agencies
Federal agencies are not on the list of authorities that create courts, but they do run tribunals that can look very similar from the inside. Under the Administrative Procedure Act, each agency may appoint administrative law judges to conduct hearings and issue decisions on disputes involving the agency’s programs.14Office of the Law Revision Counsel. 5 US Code 3105 – Appointment of Administrative Law Judges The Social Security Administration alone employs more than 1,500 of these judges, who issue over 650,000 decisions each year on retirement, disability, and supplemental income appeals.15Social Security Administration. Hearings and Appeals
These forums are not courts in the constitutional sense. Administrative law judges lack the lifetime tenure and salary protections of Article III judges, and their rulings generally feed into the court system rather than replace it. Someone denied Social Security benefits, for example, will have the case decided by an administrative law judge long before any federal court is involved. The authority to adjudicate still traces back to Congress, which created the agency and gave it the power to hold hearings.