Article III does not require Congress to create lower federal courts .
When Congress does -- as courts did in the Judiciary Act of 1789 , establishing the federal court system we know today -- courts are subject to limitations emanating from Article III and other constitutional provisions .
Article III does not require Congress to create lower federal courts , but when Congress does -- as they did in the Judiciary Act of 1789 , establishing the federal court system we know today -- they are subject to limitations emanating from Article III and other constitutional provisions .