Which body has the power to create inferior federal courts?

Which body has the power to create inferior federal courts?

• A. The President
• B. Congress
• C. The Supreme Court
• D. State Legislatures

Answer: (B)

Congress has the power to create inferior federal courts. The Constitution explicitly directs that Congress shall have the power to constitute tribunals inferior to the Supreme Court, establishing a two-tier federal judiciary with the Supreme Court at the top and lower federal courts created by Congress to handle most federal cases. The President nominates judges for these courts, but Congress—not the President or the Supreme Court, and not state legislatures—controls the creation and organization of the inferior courts. This arrangement fits the system of checks and balances, where Congress can shape the judiciary’s structure while the President provides nominations and the Supreme Court interprets laws and resolves disputes.

Congress has the power to create inferior federal courts. The Constitution explicitly directs that Congress shall have the power to constitute tribunals inferior to the Supreme Court, establishing a two-tier federal judiciary with the Supreme Court at the top and lower federal courts created by Congress to handle most federal cases. The President nominates judges for these courts, but Congress—not the President or the Supreme Court, and not state legislatures—controls the creation and organization of the inferior courts. This arrangement fits the system of checks and balances, where Congress can shape the judiciary’s structure while the President provides nominations and the Supreme Court interprets laws and resolves disputes.