Who is responsible for creating the lower federal courts?

The creation of the lower federal courts is the responsibility of Congress. This authority is established by the Constitution, specifically in Article III, which gives Congress the power to create and organize the inferior courts beneath the Supreme Court. Congress exercises this power through legislation, determining the structure, jurisdiction, and number of these lower courts.

The President does not have the authority to create courts; instead, the President appoints federal judges, including those for lower courts, with the advice and consent of the Senate. The Supreme Court serves as the highest court in the federal judicial system and does not have the power to create other courts but instead focuses on interpreting and applying the law. The Attorney General, as the head of the Department of Justice, oversees federal legal matters but does not have the power to create courts. Thus, Congress is the body responsible for establishing the lower federal court system.