B.
Article 3 in the judicial act of 1789 grants the power for federal courts and lower courts to be established by vote in Congress, this article also formed the Supreme Court. In a historical context, having the constitution establish courts for newly created states and territories makes little sense, however having congress able to create them through a vote allows for a more flexible approach to creating new courts and judicial zones. The Supreme Court differs as it was founded before any other, and cannot be re created by a congressional vote.
