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- 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.
What else can I help you with?
What would be a check on a president in checks and balances?
The Congress and the judiciary
What kind of power allows Congress to establish lower courts in the federal judiciary?
inherent power
What is the term for the power the judiciary has to declare acts of the president or congress unconstitutional?
the answer is judicial reveiw!!
What is is the term for the power the judiciary has to declare acts of the president of congress unconstitutional?
the answer is judicial reveiw!!
In which Which Congressional Act did Congress exercise its power to create a federal court system?
It was the judiciary act of 1789.
Major problem with the Articles of Confederation was that the document .?
Did not give congress the power to tax
Who provides a check for executive power?
The other arms of government provide check for executive power. The legislature which makes laws and the judiciary which interprets the law provide a check for executive power.
What is an example of a check on the power of the judicial branch in the you.s. constitution?
An example of a check on the power of the judicial branch in the U.S. Constitution is the ability of Congress to impeach and remove federal judges, including Supreme Court justices. This process allows the legislative branch to hold the judiciary accountable for misconduct or failure to uphold the law. Additionally, Congress has the power to regulate the jurisdiction of the federal courts, thereby influencing their authority and scope.
Over what does the president exert more authority than do congress or the judiciary?
The president has More power over all of them, or whatever. lol.
Who created the office of attorney general?
In 1789 with one of the first Judiciary Enactments of Congress.
How can federal courts check the power of congress?
By declaring laws passed by Congress
What power does the president have where he can check congress?
The President checks Congress when he vetoes a bill
