The position of the United States courts in the nation's system of government is not difficult to understand when that system is viewed as a whole. The government of the United States is a dual one--federal (national) and state. The federal government has three separate branches: the legislative branch (Congress), the executive branch (the President, administrative agencies, and military services), and the judicial branch (the courts).
The powers of the U.S. courts are limited first to the powers granted to the federal government by the U.S. Constitution and second to judicial powers. The courts cannot exercise powers granted by the Constitution to the legislative branch or the executive branch of the federal government.
The Constitution ensures the judicial branch's equality with and independence from the legislative and executive branches. Although federal judges are appointed by the President with the advice and consent of the Senate and the funds for the operation of the courts are appropriated by Congress, the independence of the U.S. courts is provided for in three respects:
o Under the Constitution, these courts can be called upon to exercise only judicial powers and to perform only judicial work. Judicial powers and judicial work involve the application and interpretation of the law in the decision of real differences; that is, in the language of the Constitution, the decision of cases and controversies. The courts cannot be called upon to make laws, which is the function of the legislative branch, or be expected to enforce and execute laws, which is the function of the executive branch.
o Federal judges are appointed for life. In the language of the Constitution, they "hold their Offices during good Behavior" ; that is, they serve as long as they desire to, and they can be removed from office against their will only through "impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
o The Constitution provides that the compensation of federal judges "shall not be diminished during their Continuance in Office." Neither the President (the head of the executive branch) nor Congress (the legislative branch) may reduce the salary of a federal judge.
These three provisions--for judicial work only, for holding office during good behavior, and for undiminished compensation--are designed to assure federal judges of independence from outside influence so that their decisions can be completely impartial and based only on the laws and facts of the cases.