Who has the authority to create all lower federal courts?

The authority to create all lower federal courts lies with Congress. This power is derived from Article III of the U.S. Constitution, which establishes the judicial branch of the government. While the Constitution creates the Supreme Court, it explicitly states that Congress has the discretion to ordain and establish inferior courts. This means Congress can determine the structure, number, and jurisdiction of these lower federal courts, as needed, to facilitate the functioning of the federal judiciary.

The role of Congress in this area is significant because it allows for flexibility and adaptability in the federal court system, enabling it to respond to changing needs and circumstances over time. This power has led to the establishment of various levels of federal courts, including district courts and courts of appeals, which hear cases involving federal law or federal jurisdictions.

The other authorities mentioned, such as the President and the Supreme Court, do not possess this power. The President's role is primarily in enforcing the laws and appointing judges with Senate confirmation, while the Supreme Court's function is to interpret the law and adjudicate cases rather than create courts. The states also do not have the authority to create federal courts as the federal judiciary operates within the separate framework established by the Constitution.