5 The Federal Courts

The federal court system

Article III vests federal judicial power in one Supreme Court and in any lower federal courts Congress establishes. Congress created the federal court system, which includes district courts and courts of appeals.

District courts conduct trials: they hear evidence, determine facts, and apply the law. Courts of appeals review lower-court proceedings for legal or procedural error and generally do not retry cases. Most federal cases begin in district court, and most appeals end with the appellate court’s decision.

Federal courts may hear cases involving the Constitution, federal laws or treaties, and certain disputes between states or parties from different states, among other matters. State courts hear many other kinds of cases. A case decided by a state court can reach the U.S. Supreme Court when it raises a qualifying federal question.

The Supreme Court’s role

The Supreme Court is the nation’s highest court. It has original jurisdiction to hear a small category of cases first and appellate jurisdiction to review decisions from lower courts. The Court chooses which petitions to accept, so it hears only a small portion of the cases parties ask it to review.

The Court decides actual cases brought by parties with a legal dispute; it does not issue advisory opinions about hypothetical disputes. Its rulings on federal law guide lower courts. Its interpretations of the Constitution bind the other branches and courts unless changed through a later constitutional amendment or a subsequent Court decision.

Judicial independence and checks and balances

Federal judges, including Supreme Court justices, are nominated by the president and confirmed by the Senate. Article III judges hold office during “Good Behaviour.” This provision supports judicial independence by protecting judges from routine removal or salary reductions because of unpopular decisions.

Courts are one branch in a system of checks and balances. They interpret and apply law in cases, while relying on the executive branch to enforce judgments.

Judicial review

The Constitution does not expressly state the power of judicial review. In Marbury v. Madison (1803), the Supreme Court established the principle, reasoning that courts must apply the Constitution when a law conflicts with it. Judicial review is exercised by federal courts generally, not only by the Supreme Court, when constitutional questions arise in cases they have authority to hear.

For example, a person may challenge a federal law as violating a constitutional right. A court may consider the law’s meaning and whether it fits with the Constitution. If the court finds a conflict, it may refuse to enforce the law in that case; higher-court rulings can establish a rule that guides later cases. Courts can also review executive actions for constitutionality and legality.

How courts shape public policy

Courts affect public policy by interpreting constitutional provisions, statutes, and regulations and applying those rules to disputes. Their decisions can define the reach of government authority, protect or limit rights, and require public officials to change how laws are administered. For example, a statutory interpretation may determine who qualifies for a public benefit, while a constitutional ruling may limit how government can regulate speech.

Courts do not generally initiate investigations or choose policy questions on their own. They resolve cases brought before them, within constitutional and statutory limits. Their decisions are constrained by legal texts, precedent, jurisdiction, and the facts and arguments presented.

Congress may revise a statutory rule within constitutional limits, and constitutional amendments can change the governing constitutional text. Courts therefore shape policy through legal judgments while elected branches also make and carry out policy.