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FDLP Resource Guides

U.S. Federal Courts

Overview

The U.S. Congress can create legislative courts, per the Constitution (Article I, Section 8, Clause 9). These courts "do not have full judicial power. Judicial power is the authority to be the final decider in all questions of Constitutional law, all questions of federal law and to hear claims at the core of habeas corpus issues."¹ There are four so-called Article I courts: the U.S. Court of Appeals for the Armed Forces, the U.S. Court of Appeals for Veterans Claims, the U.S. Court of Federal Claims, and the U.S. Tax Court. This guide refers to them as special courts.

¹USCourts.gov

Seals of the Special Courts (Article I)

Special Courts (Article I)

Screenshot of "U.S. Court of Appeals for the Armed Forces"

U.S. Court of Appeals for the Armed Forces

  • The U.S. Court of Appeals for the Armed Forces serves as the final appellate tribunal to review court-martial convictions of all the Armed Forces. It is exclusively an appellate criminal court, consisting of five civilian judges who are appointed for 15-year terms by the President with the advice and consent of the Senate.
Screenshot of "U.S. Court of Appeals for Veterans Claims"

U.S. Court of Appeals for Veterans Claims

  • Appeals to this court concern veteran disability benefits, dependent educational assistance, survivor benefits, and pension benefits claims. Decisions of the Court of Appeals for Veterans Claims are subject to review by the United States Court of Appeals for the Federal Circuit on questions of law and on writ of certiorari by the United States Supreme Court. The Court consists of nine judges whom the President appoints with the advice and consent of the Senate for 15-year terms.
Screenshot of "U.S. Court of Federal Claims"

U.S. Court of Federal Claims

  • The U.S. Court of Federal Claims is for claims seeking money judgments against the United States. The Court consists of 16 judges whom the President appoints with the advice and consent of the Senate for 15-year terms. Appeals go to the U.S. Court of Appeals for the Federal Circuit.
Screenshot of "U.S. Tax Court"

U.S. Tax Court

  • The U.S. Tax Court has 19 judges who are appointed by the President to 15-year terms and subject to Senate confirmation. Court proceedings are open to the public. Decisions entered by the court, other than decisions in small tax cases, may be appealed to the regional courts of appeals and, thereafter, upon the granting of a writ of certiorari, to the Supreme Court of the United States

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