Congress and the Courts

This chapter examines the interplay between Congress and the federal court system. It considers the creation of the federal courts by Congress from the broad guidelines provided in the Constitution. The chapter discusses the selection and approval process for federal court judges. The members of the new Congress were uncertain about the creation of lower federal courts, largely because of the existence of state-level courts that had been in operation since as early as 1691. In the separated system of government in the United States, the judicial branch has become a major player. Unlike modern constitutions, notably those written in the 20th and 21st centuries for new and emerging democracies, the Constitution is silent on the Supreme Court's ability to exercise the power of judicial review. President Clinton reacted immediately to the Lopez decision, directing Attorney General Janet Reno to draft legislation that would pass constitutional muster.