The Constitution left the federal courts’ structure to Congress by design

Evidence

Some delegates wanted only a single federal court: a supreme court to review state court decisions on matters of federal concern. Other delegates, among them James Madison, distrusted state courts and insisted that federal trial courts should also be instituted. Rather than resolving the conflict, the delegates in effect postponed it. Article III of the Constitution created the Supreme Court but left the creation of additional courts up to Congress. — G. Alan Tarr, Judicial Process and Judicial…, 277

Categorization

  • XREF: connects to: The Judiciary Act of 1789 created courts whose structure survives today — G. Alan Tarr, Judicial Process and Judicial…, 278; Congress eliminated the circuit courts and created the courts of appeals — G. Alan Tarr, Judicial Process and Judicial…, 456; Montesquieu’s separation of powers shaped the American Constitution (+6 more)

Broader Connections