Article III, Section 1
The Constitution left the vast majority of the new court system up to congressional law making.
The Constitution left the vast majority of the new court system up to congressional law making.
The very brief Article III breezily presents a "supreme court," but does not describe it at all. As for a court system, well, we do learn from the article that Congress is supposed to create the court system as soon as possible, and Congress did start the work in the Judiciary Act of 1789.
What power does the federal courts wield when it comes to the laws that Congress passes? Judicial review, of course! No need to worry about the checking and balancing between the legislative and judicial branches, right?
