U.S. District Courts were not established by the U.S. Constitution. Article 1, section 8 allows Congress to constitute tribunals inferior to the Superior Court.
The checks and balances between branches of government are established by the Constitution. Legislative powers cannot control judicial courts that were established by the Constitution. Real Judicial courts are NOT subject to a statute of limitations. U.S. District Courts are not established by the constitution. Judicial (Article 3) courts’ judges must have the constitutional security of tenure and salary.
“POWER OF CONGRESS TO CONTROL THE FEDERAL COURTS …— Senate Document 112-9 at Page 841
Unlike its original jurisdiction, the appellate jurisdiction of the
Supreme Court is subject to “exceptions and regulations” prescribed
by Congress, and the jurisdiction of the inferior federal courts
is subject to congressional prescription. Additionally, Congress has
power to regulate modes and practices of proceeding on the part of
the inferior federal courts. Whether there are limitations to the exercise
of these congressional powers, and what the limitations may
be, are matters that have vexed scholarly and judicial interpreta-
tion over the years, inasmuch as congressional displeasure with judicial
decisions has sometimes led to successful efforts to “curb” the
courts and more frequently to proposed but unsuccessful curbs.1171
Supreme Court holdings establish clearly the breadth of congressional
power, and numerous dicta assert an even broader power, but
that Congress may through the exercise of its powers vitiate and
overturn constitutional decisions and restrain the exercise of constitutional
rights is an assertion often made but not sustained by any
decision of the Court.”
According to U.S. Supreme Court Chief Justice Marshall:
“The appellate powers of this court are not given by the judicial— Durousseau v. United States, 10 U.S. (6 Cr.) 307, 313–314 (1810). “Courts
act. They are given by the constitution. But they are limited
and regulated by the judicial act, and by such other acts as have
been passed on the subject.”
which are created by written law, and whose jurisdiction is defined by written law,
cannot transcend that jurisdiction.” Ex parte Bollman, 8 U.S. (4 Cr.) 75, 93 (1807)
(Chief Justice Marshall). Marshall had earlier expressed his Durousseau thoughts
in United States v. More, 7 U.S. (3 Cr.) 159 (1805).
“The notion has frequently been entertained, that— Turner v. Bank of North America, 4 U.S. (4 Dall.) 8, 10 (1799).
the federal courts derive their judicial power immediately from the
constitution: but the political truth is, that the disposal of the judicial
power (except in a few specified instances) belongs to Congress.
If Congress has given the power to this Court, we possess it,
not otherwise: and if Congress has not given the power to us, or to
any other Court, it still remains at the legislative disposal. Be-
sides, Congress is not bound, and it would, perhaps, be inexpedient,
to enlarge the jurisdiction of the federal courts, to every subject,
in every form, which the constitution might warrant.”
Federal Regional Power
Federal regional power is authorized by Martial Law. Before martial law existed there were only United States Judicial Districts, which were superior to state courts, and only considered constitutional questions. A good discussion of this is the US Supreme Court decision in Ableman v. Booth 62 US 506 (1858) about the fugitive slave act. The reason they only considered constitutional questions is because there could be no federal laws that apply to state citizens, except for the three crimes mentioned in the Constitution. There is no other authority granted to the federal government that affects state citizens.
After martial law was imposed Federal District Courts (federal regional tribunals) were constituted which are inferior to state courts. Federal regional tribunals cannot possess the judicial power of the United States when hearing statutory regional proceedings. The only authority for the supremacy of federal regional power is under Article II Martial law. These Legislative (not judicial) Tribunals are constituted, not “established”, under Article I, Section 8, clause 9 of the US Constitution.
Do not be fooled that they are called courts.
There is no Act of Congress before 1948 naming any court “The United States District Court”, or “The United States Circuit Court of Appeals”. These two Courts did not exist before 1948. In 1948 Congress enacted Title 28 USC into Positive Law. This title creates courts that do not possess the judicial power of the United States. They can be delegated legislative authority only, because the Constitution did not establish them as judicial courts. They can only possess legislative authority, because the legislature created them. (such as Military jurisdiction — Again, a judicial court is established if the Constitution authorizes it under the Judicial Article). They can possess the Military jurisdiction that the martial law amendments (13, 14, 15, 18, 19, 23, 24, 26) specifically say “shall be enforced by Congress”.
These two courts were created under Title 28 acts of Congress. Before 1948 it was impossible for these two Courts to exist.). Again: Article 1, section 8 authorizes Congress “To constitute Tribunals inferior to the supreme Court”. Legislative tribunals are not judicial courts, but they call themselves courts.
See my essay on the gold fringed flag.
You can be dragged into marital law courts if you have applied for, or received, federal welfare. Such as getting a Social Security Number. Start studying by reading my essay on Things the government forgot to tell you about the Social Security System.