The framers of the United States Constitution separated the functions of government among three separate branches of government--legislative (the Congress), executive (the President), and the judiciary (the courts). The goal was to provide a system of checks and balances among the three branches so that no one branch could become too strong.

Each branch of government has certain powers, and these powers are limited by another branch. For example, the President has authority to appoint federal judges, but such appointments are subject to Senate approval. Congress has the power to pass a law, but the President has authority to veto it. The Supreme Court of the United States has the power to declare a law unconstitutional, but Congress, in conjunction with the states, can amend the Constitution.

Article I of the Constitution spells out Congress's powers and duties with respect to making laws. Article II covers the executive branch's role in carrying out laws, and Article III gives the judiciary the authority to interpret laws.

Creation of Federal and State Courts

The main function of a court is to make decisions on matters brought to it for resolution. A court's authority to resolve a dispute comes from a constitution or a law. Under Article III, section one, of the Constitution, the judicial power of the United States is vested in one supreme court and in such inferior courts as Congress may establish. Under Article III, section two, the judicial power extends to all cases arising under the Constitution, the laws of the United States, and the treaties made by the United States and to all controversies between the states and between citizens of different states.

The Supreme Court of the United States was created by the Constitution, and Congress set up the federal system of trial and appellate courts below the Supreme Court. By their constitutions or laws, the states also have set up a system of courts for resolving disputes within the state.

Generally, the power to create a court also implies the power to abolish the court. A court created by a constitution can only be abolished by a constitutional provision; a court created by a law can only be abolished by another legislative act.

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