The highest court is the Supreme Court. The court deals with matters
pertaining to the Federal Government, disputes between states, and
interpretation of the United States Constitution, and can declare legislation or
executive action made at any level of the government as unconstitutional,
nullifying the law and creating precedent for future law and decisions. Below
the Supreme Court are the courts of appeals, and below them in turn are the
district courts, which are the general trial courts for federal law.
Separate from, but not entirely independent of, this federal court system are
the individual court systems of each state, each dealing with its own laws and
having its own judicial rules and procedures.
The supreme court of each state is the final authority on the interpretation
of that state's laws and constitution. A case may be appealed from a state court
to the U.S. Supreme Court only if there is a federal question (an issue arising
under the U.S. Constitution, or laws/treaties of the United States). The
relationship between federal and state laws is quite complex; together, they
form the U.S. law.
The federal judiciary consists of the U.S. Supreme Court, whose justices are
appointed for life by the President and confirmed by the Senate, and various
"lower" or "inferior courts," among which are the courts of appeals and district
courts.
The first Congress divided the nation into judicial districts and created
federal courts for each district. From that beginning has evolved the present
structure: the Supreme Court, 13 courts of appeals, 94 district courts, and two
courts of special jurisdiction. Congress retains the power to create and abolish
federal courts, as well as to determine the number of judges in the federal
judiciary system. It cannot, however, abolish the Supreme Court.
There are three levels of federal courts with general jurisdiction, meaning
that these courts handle criminal cases and civil law suits between individuals.
The other courts, such as the bankruptcy courts and the tax court, are
specialized courts handling only certain kinds of cases. The bankruptcy courts
are branches of the district courts, but technically are not considered part of
the "Article III" judiciary because their judges do not have lifetime tenure.
Similarly, the tax court is not an Article III court.
The U.S. district courts are the "trial courts" where cases are filed and
decided. The United States courts of appeals are "appellate courts" that hear
appeals of cases decided by the district courts, and some direct appeals from
administrative agencies. The Supreme Court hears appeals from the decisions of
the courts of appeals or state supreme courts (on constitutional matters), as
well as having original jurisdiction over a very small number of cases.
The judicial power extends to cases arising under the Constitution, an Act of
Congress, or a U.S. treaty; cases affecting ambassadors, ministers, and consuls
of foreign countries in the U.S.; controversies in which the U.S. government is
a party; controversies between states (or their citizens) and foreign nations
(or their citizens or subjects); and bankruptcy cases. The Eleventh Amendment
removed from federal jurisdiction cases in which citizens of one state were the
plaintiffs and the government of another state was the defendant. It did not
disturb federal jurisdiction in cases in which a state government is a plaintiff
and a citizen of another state the defendant.
The power of the federal courts extends both to civil actions for damages and
other redress, and to criminal cases arising under federal law. Article III has
resulted in a complex set of relationships between state and federal courts.
Ordinarily, federal courts do not hear cases arising under the laws of
individual states. However, some cases over which federal courts have
jurisdiction may also be heard and decided by state courts. Both court systems
thus have exclusive jurisdiction in some areas and concurrent jurisdiction in
others.
The Constitution safeguards judicial independence by providing that federal
judges shall hold office "during good behavior". Usually they serve until they
die, retire, or resign. A judge who commits an offense while in office may be
impeached in the same way as the President or other officials of the federal
government. U.S. judges are appointed by the President and confirmed by the
Senate. Another Constitutional provision prohibits Congress from reducing the
pay of any judge. Congress could enact a new lower salary applying to future
judges, but not to those already serving.