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They approve the appointment of judges. Other than that, their primary power is to pass laws. If they don't like the interpretation of a law that the court has made, the Congress has the ability to pass or modify the law.

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17y ago
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15y ago

The Government of the United States is set up with a Balance of Powers, wherein each branch of Government is overseen by one other, and none has complete control. The President (Executive Branch) chooses justices for the Judicial Branch, including the Supreme Court.. Congress ratifies the President's selection. This is the only power Congress has over the Judicial Branch. The Supreme Court decides if Laws enacted by Congress are Constitutional. Congress has Impeachment powers over the President (Executive). Therefore, Congress controlls the Executive Brance, the Executive Branch controls the Judicial Branch, and the Judicial Branch controls Congress. Congress, as the only branch of Government controlled directly by the Electorate, has Advise and Consent power over all appointees, and direct Legislative power, which is subject only to review by the Supreme Court.

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13y ago
  1. They say how many seats are on the Supreme Court, can change the Court's appellate jurisdiction, and must approve the President's nominations to the Supreme Court.
  2. They can amend the Constitution if 75% of the states ratify the proposal, if the case law made is far at odds with their views.
  • Congress and the States were forced to take this tactic after the Supreme Court declared states lacked sovereign immunity from being sued for war debt after the Revolutionary War. The decision is Chisholm v. Georgia, (1793), prompted the quick passage of the Eleventh Amendment, revoking the federal courts' original jurisdiction (as granted in Article III) in cases between a state and citizens of another state.

Amendment XI

The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.

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13y ago

I would say not really, but they do have one important power. The power they use is called the Interview, the congress is required to approve the presidential appointments of the Supreme Court Justices.

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11y ago
  • The Congress (includes the Senate) can control, at least in limited functions: the appointment of Federal Judges & Supreme Court Judges. All court rulings are (supposed) to follow the dictates set down by the Supreme Court, and this is one check.
  • Although I am not aware of it ever being done, Congress has the power to remove a judge who is 'not in good standing' this was originally intended as a check to remove single judges who were acting arbitrarily.
  • The single biggest power in checking the courts is the ability to pass laws; this needs some simplistic background. Congress passes laws, but cannot enforce or rule upon them / the executive (Police / President) can arrest for violations of law but cannot make law or rule upon them / the courts (judges) can rule upon law but cannot arrest or write them.

    Under this pretext congress can write laws, and then change those laws as needed in order to make them comply with the constitution.

Example: The Original Social Security Act was ruled unconstitutional by the US Supreme Court, congress amended the act to make it 'voluntary' and it was constitutional then.

Note: Per the constitutional authors, a Judge was supposed to be able to rule laws, including constitutional amendments, unconstitutional IF they violated a previous right (written or unwritten); this 'power' has had mixed application in use. Example: A California law banning gay marriage is struck down as unconstitutional, California then amends their constitution to ban it; under the rule of Stare Decisis (this thing has already been decided) this is not possible as the amendment is unconstitutional at its inception (void ab initio), also state constitutions cannot void rights where they have been Federally determined (Stare Decisis again) - though we have not seen the final outcome of this yet. In any case the ability to write laws and make constitutional amendments is also limited.

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Q: What are congress controls on the Judiciary?
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