Who has the power to establish federal courts below the US Supreme Court?

Congress (the Legislative Branch) Article I, Section 8 and Article III of the Constitution authorizes Congress to establish federal courts inferior to the US Supreme Court Article I, Section 8: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States edited To constitute tribunals inferior to the Supreme Court Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress, or the Legislative branch. The first time they exercised this responsibility was in the Judiciary Act of 1789, at which time they established 13 District and 3 Circuit Courts, fixed the number of Supreme Court justices at six, and created the office of Attorney General, among other things Article III, Section 1: The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behaviour, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office The phrase and in such inferior courts as the Congress may from time to time ordain and establish indicates the Framers intended Congress to have authority to create, dismantle, assign jurisdiction, vary court size, and make other unspecified changes at their discretion, unless the Constitution dictates otherwise For more information, see Related Questions, below.

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