Three Branches of Power
Judical Power
Legislative Power
Executive Power
The federal government is a government of limited powers, which means that for federal action to be legitimate, executing and jurisdiction, it must be authorized. The Constitution is the instrument that authorizes the federal government to act. Thus, whenever a question involves action by an entity of the federal government, the action will be valid only if it is authorized by the Constititution. (美国政府是有限政府，只有经过宪法授权和宪法规定的权力才是合法的；有了前面这个条件，为司法解释留下了许多空间。）
The Judical Power
Federal Courts System （联邦法院体系）
Article III Courts（第3条法院）--1
Article I Courts （第1条法院）--2
Jurisdiction of the Supreme Court（联邦法院的管辖权）
Original jurisdiction（初审管辖权）--3
Apellate jurisdiction（上诉管辖权）--3
1. Article III Courts
1.1 Article III
The Constitution authorizes a federal court system in Article III, which provides that federal courts shall have Judical Power over all "cases and controversies (争论，争议)":
Arising under the Constitution, laws, or treaties of the United States;
Of admiralty （海军，海事） and maritime （海洋的，近海的）jurisdiction;
In which the United States is a party;
Between two or more states;
Between a state and citizens of another state;
Between citizens of different states;
Between citizens of the same state claiming lands under grants of different states; and
Between a state or citizens thereof and foreign states, citizens, or subject.
1.2 Article III Courts
Although Congress has plenary power (绝对权） to delineate (描绘) the jurisdictional limits, both original and appellate, of these courts, it is bound by the standards of judicial power set forth in Article III as to subject matter, parties, and the requirement of "case or controversy". Thus, Congress cannot require these courts to render (作出；执行）advisory opinions or perform administrative or non-judical functions.
the provisions of Article III, Section 1， Clause 2 is ... . (第3条第一款）
2. Article I Courts
2.1 What is Article I Courts
Article I courts are those established by Congress to the provisions of Article I.
2.2 The Purpose of Article I Courts
Congress has created certain others, however, by way of implementing (v.执行，实施) its various legislative powers; e.g. United States Tax Court, courts of the District of Columbia.
Judges of such Article I courts do not have life tenure or protection from salary decrease as do Article III court judges. Article I courts are sometimes vested with administrative as well as judicial functions and the congressional power to create such "hybrid (a.混合的)" courts has been sustained by the Supreme Court.
3. Jurisdiction of the Supreme Court
3.1 Original Jurisdiction (Trial Jurisdiction)
Under Article III, Section 2, the Supreme Court has original jurisdiction "in all cases affecting ambassadors, other public ministters and consuls, and those in which a state shall be a party." This provision is self-executing: Congress may neither restrict nor enlarge the Supreme Court's original jurisdiction, but Congress may give concurrent jurisdiction (共同管辖权) to lower federal courts and has done so regarding all cases except those between states.
3.2 Appellate Jurisdiction
Article III, Section 2 further provides that "in all other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."
3.3 Marbury v. Madison
Marbury principle: Under this case, it is the Supreme Court, not Congress, which has the authority and duty to declare a congressional statute (n.法规，法令) unconstitutional if the Court thinks it violates the Constitution.
Congress has the general power to decide what types of cases the Supreme Court may hear, so long as it doesn't expand the Supreme Court's jurisdiction beyond the federal judicial power.
Congress also may decide what lower federal courts there should be, and what cases they may hear. Again, the outer bound of this power is that Congress can't allow the federal courts to hear a case that is not within the federal judicial power.
The federal judiciary may decide "cases" or "controversies" that fall within the federal judicial power.
