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Question 50 of 128 · American Government · System of Government

What is one part of the judicial branch?

Accepted answers

  • Supreme Court
  • Federal Courts

Any one of these is accepted, unless the question asks for more than one.

Why this is the answer

The judicial branch has two parts on the official list: the Supreme Court and the federal courts. Either one is a complete answer. Article III of the Constitution places the judicial power of the United States in "one supreme Court" and in lower courts that Congress may establish, and Article I, Section 8 gives Congress the power to create tribunals below the Supreme Court. So the Constitution itself set up the Supreme Court, and Congress built the rest. Together they form the federal court system, which has three levels: 94 district courts, 13 courts of appeals organized by circuit, and the one Supreme Court at the top. The courts below the top are often called the lower federal courts. Judges at every level are federal judges, and none of them runs for office. The President nominates each one, and the Senate must approve the nomination. The Founders wanted these judges to decide cases according to the Constitution and the rule of law rather than politics, and keeping them off the ballot was how they tried to guarantee it. The trouble on this question comes from offices that work with the law but sit in another branch. The Department of Justice is an executive department, and its leader, the Attorney General, is a member of the President's Cabinet rather than a judge. The Senate Judiciary Committee, as its name says, belongs to the Senate, which is part of Congress. Neither one is part of the judicial branch, and neither counts as an answer here. Since the list gives you two options, pick whichever comes out more easily under pressure. "Supreme Court" has an advantage: it is also the answer to the question about the highest court in the country. To fix the structure in your memory, count from the bottom up: 94 district courts, 13 courts of appeals, 1 Supreme Court. The number shrinks at each level until a single court is left, and that one is the Supreme Court.

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