who is given the power to establish the inferior courts of the federal system
Federal judiciary of the United States The federal judiciary of the United States is one of the three co-equal branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts, and place limitations on their jurisdiction. Article III federal judges are appointed by the President with the consent of the Senate to serve until they resign, are impeached and convicted, retire, or die.
Jurisdiction stripping Congress may define the jurisdiction of the judiciary through the simultaneous use of two powers.[1] First, Congress holds the power to create (and, implicitly, to define the jurisdiction of) federal courts inferior to the Supreme Court (i.e. Courts of Appeals, District Courts, and various other Article I and Article III tribunals). This court-creating power is granted both in the congressional powers clause (Art. I, ยง 8, Cl. 9) and in the judicial vesting clause (Art. III, ยง 1). Second, Congress has the power to make exceptions to and regulations of the appellate jurisdiction of the Supreme Court. This court-limiting power is granted in the Exceptions Clause (Art. III, ยง 2). By exercising these powers in concert, Congress may effectively eliminate any judicial review of certain federal legislative or executive actions and of certain state actions, or alternatively transfer the judicial review responsibility to state courts by "knocking [federal courts]...out of the game."[1]
Presentment Clause The Presentment Clause, which is contained in Article I, Section 7, Clauses 2 and 3, provides:
United States district court A judge of a United States district court is officially titled a "United States District Judge". Other federal judges, including circuit judges and Supreme Court Justices, can also sit in a district court upon assignment by the chief judge of the circuit or by the Chief Justice of the United States. The number of judges in each district court (and the structure of the judicial system generally) is set by Congress in the United States Code. The President appoints the federal judges for terms of good behavior (subject to the advice and consent of the Senate), so the nominees often share at least some of his or her convictions. In states represented by a senator of the President's party, the senator (or the more senior of them if both senators are of the president's party) has substantial input into the nominating process, and through a tradition known as senatorial courtesy can exercise an unofficial veto over a nominee unacceptable to the senator.