Who has the authority to create lower federal courts?

Prepare for ASU's CRJ203 Courts and Sentencing Exam with comprehensive flashcards and multiple choice questions. Improve your knowledge and boost your confidence for your exam day!

The authority to create lower federal courts lies with Congress. This power is derived from Article III, Section 1 of the U.S. Constitution, which states that "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." This means that while the Constitution establishes the Supreme Court, Congress has the responsibility to determine the structure and jurisdiction of the lower federal courts.

The President does not have the authority to create courts, as this power is specifically granted to Congress. Similarly, the U.S. Supreme Court does not have the power to create lower courts; it can only adjudicate cases and interpret the law. Finally, state legislatures are responsible for state courts and have no authority over the federal court system. Thus, Congress is the correct answer because it is the legislative body specifically empowered to establish these courts.

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