What are the primary checks that exist on the powers of the federal courts?

Answer 1

There are three major checks on the power of the Supreme Court, and all are maintained by the legislative branch. The first major check is that if the Supreme Court interprets a federal statute in a way that the Congress didn't intend, Congress can pass a new law that provides clarifying language. The second major check is that if the Supreme Court interprets a law as unconstitutional, the Congress can propose a Constitutional Amendment that would go against the Supreme Court's ruling (this was the case with the 14th Amendment, which was designed to overturn the Dred Scott Case). Finally, the House of Representatives can impeach, and the Senate can subsequently remove from office, a Supreme Court Justice if found guilty of "treason, bribery, or other high crimes and misdemeanors."

Answer 2

Both the Legislative (Congress) and Executive (Presidential) branches have the ability to check the power of the federal courts, but Congress exerts more influence than the President:

Legislative branch checks on Federal Courts

• Senate approves Article III federal judges, including Supreme Court justices (Advise and Consent Clause)
• Impeachment power (House)
• Trial of impeachments (Senate)
• Power to initiate constitutional amendments (to undo supreme court decisions)
• Power to establish and dismantle courts inferior to the Supreme Court
• Power to set jurisdiction of courts (they can tell a court that they can not hear a case on a certain topic, which includes changing the appellate jurisdiction of the Supreme Court)
• Power to alter the size of the Supreme Court (if the size is drastically increased the President may select all the new justices and change the sway of power)

Executive branch checks on Federal Courts

• Nominates justices to US District Courts, US Court of Appeals Circuit Courts, and the US Supreme Court
• Power of pardon (except impeached officials)
• (Informal power to neglect enforcement of Supreme Court decisions. This is not supposed to occur in theory, but has happened a number of times in fact.)

Answer 3

Both Congress and the President have the ability to check the power of the Supreme Court, but Congress exerts more influence than the President. Some checks are directly mentioned in the Constitution, while others are implied powers. The following are explicitly authorized by the Constitution:

Legislative branch checks on Supreme Court

• Senate approves federal judges, including Supreme Court justices (Advise and Consent Clause)
• Impeachment power (House)
• Trial of impeachments (Senate)
• Power to initiate constitutional amendments (to undo supreme court decisions)
• Power to create courts inferior to the Supreme Court

Executive branch checks on Supreme Court

• Nominates justices to the Supreme Court
• Power of pardon (except impeached officials)

Answer 4

The Senate has the power to approve or reject nominations to the Supreme Court.