The federal Court system

With this guide, the first Congress divided the nation into 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 today retains the power to create and abolish federal courts, as well as to deter­mine the number of judges in the federal judiciary system. Congress cannot, however, abolish the Su­preme Court.

The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the United States, cases affecting ambas­sadors, ministers, and consuls of for­eign countries in the United States, 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 are the plaintiffs and the government of another state is the defendant. It did not disturb federal jurisdiction in cases in which a state government is a plaintiff and a citizen of another state is 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" - in practice, until they die, retire, or resign, although 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. Congress also determines the pay scale of judges.