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congress, because it has "checks and balances" which is something they can say that for example: "Oh, we think this is unconstitutional." They have more rights then supreme court even though they have judicial review
Wiki User
∙ 13y ago
Wiki User
∙ 12y agothey are not supposed to, the supreme court isn't even supposed to make laws, they are there to judge whether or not the laws that congress is made is constitutional.
Wiki User
∙ 13y agoNo due to checks and balances they are all equal. However, Congress does have legislative powers that the Supreme Court does not.
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How does the US Supreme Court rule to change the number of seats in the Supreme Court?
The Supreme Court doesn't have the authority to change the size of the Court; the constitutional authority for making structural changes to the federal judiciary is vested in Congress. This is one of the checks on the Judicial branch of the US government. For more information, see Related Questions, below.
In the Federal Court system who has the authority to remove a Supreme Court justice from office?
No one within the federal judiciary has authority to remove a Supreme Court justice from office. The Constitution vested Congress with the power of impeachment, which is the only way a Supreme Court justice may be forcibly removed. For more information, see Related Questions, below.
Does the inferior courts have more authority than the supreme court?
No
Had Congress allowed six more justices on the Supreme Court how might have this changed the balance of powers?
Had Congress allowed six more justices on the Supreme Court, how might have this changed the balance of powers
Who created all federal courts except the Supreme Court?
Congress created a rudimentary federal court system in The Judiciary Act of 1789. Although Article III of the Constitution mandated a US Supreme Court, the Court was actually established by the same 1789 legislation.For more information, see Related Questions, below.
What power does the US President have to influence the Supreme Court?
The President has the ability to appoint justices to the Supreme Court (and lower federal courts) with the "advice and consent of the Senate" that share his (or her) ideology. Judicial appointment to lower Article III courts can also be considered a means of influencing the Supreme Court, as the lower courts handle far more cases and have the opportunity to write opinions that have persuasive authority.
Who first to declare act of Congress unconstitutional?
Chief Justice John Marshall was the first to declare an act of Congress unconstitutional, in the opinion of the Court for the Marbury v. Madison, 5 US 137 (1803) case.The Court ruled that Congress overstepped its authority in Section 13 of the Judiciary Act of 1789, by giving the Court authority to issue writs of mandamus for US government officials, a power Marshall claimed was not specified as part of the Supreme Court's original jurisdiction in Article III of the Constitution.For more information, see Related Questions, below.
Can two more justices be added to the Supreme Court?
Yes, if Congress passes legislation enlarging the Supreme Court from nine to eleven members; otherwise, no.
What gives Congress the power to change the number of justices on the US Supreme Court?
Articles I and III of the Constitution vested Congress with the authority to make structural changes to the federal court system. While the Constitution only mentions a few powers explicitly, like the ability to create and dismantle courts inferior to the Supreme Court, and the inability to decrease the justices' pay, the other powers are implied. Congress uses legislation to make changes, usually in the form of a Judiciary Act of [year]. For more information, see Related Questions, below.
Why does Congress exercise its power to change the size of the US Supreme Court?
Congress has changed the size of the Supreme Court several times during the history of the United States, sometimes adjusting the number of seats to accommodate heavier or lighter caseloads in response to the addition of States or legislation increasing the number of federal courts over which the Supreme Court has appellate jurisdiction. On several occasions, Congress has used this authority to reduce the size of the Court as a check on the power of the President, to prevent him from filling a vacancy or potential vacancy. For more information, see Related Questions, below.
How many US Supreme Court justices are on the Court today?
Currently, there are nine Supreme Court justices on the United States Supreme Court. The number of justices is set by Congress and has varied from five to 10. There have been nine justices since 1869. In 1937, Franklin Roosevelt attempted to add six more justices to the Supreme Court. He felt the court was obstructing much of his New Deal policies and adding more members who would agree with his views would help. This was termed the "Court Packing Plan." However, Congress did not agree and so the number remains at nine.
Are state supreme court judges more powerful than US Supreme Court Justices?
No, the state supreme courts only interpret policy for legislation or the constitution specific to the state over which it presides. The state supreme court is the final arbiter on those issues. On questions of Federal and constitutional law, the Supreme Court of the United States holds more authority.
