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Quick Answer:
The idea came down from the English Common Law.
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Ideological Argument:
The answer to your question is simply this: NO ONE! The only way judges can be given immunity is by a provision or amendment to our Constitution. The people did give limited immunity to members of Congress such as being immune from arrest when traveling to a meeting of Congress. But we never gave immunity to judges or courts. Nor did we ever give anyone authority to give judges immunity from our laws!
Courts were and are looked upon as the weakest of the branches of govt, as they have no will, and havent the bully pulpit, and have no money! The judiciary is to follow the law and do as the law dictates, no more and no less. They are without authority to create law or immunities!
They cant create law by claiming they are legal doctrines. To a limited degree judges of Europe were immune because the Sovereign made them immune, and the Sovereign claimed he was divinely appointed. Thus the Almighty made him king and only the Almighty could remove him etc. But in America it is the people who are sovereign, and we never gave immunity to judges!
But judges like to flock together so they illegally created "judicial immunity" , but did so corruptly and illegally. We are a nation of laws, not judicial theory! And if anyone ever dealt with our judges in America they would learn they are the farthest from being devine of all people, as most are former lawyers. Road Kill has more respect!
Recently judges were sued for deny a person the right to enforce a contract. The reason he sued was that the judges had conspired to impair the terms of the contract he was attempting to enforce.
The federal court dismissed the case! But refused to justify the dismissal! As the impairment of a contract by states (and state courts, state legislature, or governors) is prohibited by our Constitution, the judges were without authority to do what they did.
But they did more than impair a contract, they denied the person of his right to enforce a contract! That again is unconstitutional. Plus there are laws that protect contract rights, prohibit conspiring to deny rights, and then there are due process of law and equal protection of law issues when a person is denied of rights and contract rights.
But this is how corrupt courts and judges protect each other. They refuse to justify the unjustifiable by giving no reason for their dismissal. If they did, it would add fuel to them being sued and impeached>
So you see, Judicial Immunity doesn't exist. And that is because the people in this country expect others to protect their Constitution and not themselves. Where are the picks, guns, shovels, etc outside the courthouse . Where is our Congress in overseeing our courts?
What else can I help you with?
What is judicial immunity?
To understand this concept, one must go back to the founding of this nation. We threw off a king and English rule as we were being taxed and not being represented in govt, among other things. We did not accept sovereign or parliament authority in which we had no part. Because of this, the founders to form a representative govt with its authority and limitations set by the people. Remember the people had to approve the Constitution that set that authority and limits. The states and colonists had just fought a war to throw governmental authority and they werent about to give this govt any sovereignty over the will of the people. We gave the President the authority to pardon etc. We gave Congress the power to make law etc. We gave judges the authority to carry out our laws and the Constitutuon as it was written. However, we never gave courts, public officials, judges, congressmen, and all their staffs immunity from our laws and Constitution. Immunity is nowhere to be found in our Constitution as the people did not give it, and in fact did not want anyone to be above t he laws and principals under which it was formed. As the people are the supreme authority in a democracy or republic. Thus as stated in the "Federalist" it is the people that are sovereign not govt. Those people are the only ones that can grant immunity, the power to pardon, or anything else. AND THE PEOPLE NEVER GAVE JUDGES OR ANYONE ELSE IMMUNITY FROM OUR LAWS AND CONSTITUTION. Nor did we give Congress or anyone else the authority to grant immunity to anyone! We didnt give it to prosecutors, courts, judges, congress, etc. And we surely werent bound by any English or foreign laws. Thus immunity claimed by courts and judges has no basis in our country and in fact, doesnt exist. Therefore, Judicial Immunity is a court made immunity and the court has never had authority to make or create it. Judicial Immunity is a sham that has no basis in our law or country. It simply doesnt exist! The people alone can grant immunity not the govt, courts, judges or any instrument of govt> To understand this concept, one must go back to the founding of this nation. We threw off a king and English rule as we were being taxed and not being represented in govt, among other things. We did not accept sovereign or parliament authority in which we had no part. Because of this, the founders to form a representative govt with its authority and limitations set by the people. Remember the people had to approve the Constitution that set that authority and limits. The states and colonists had just fought a war to throw governmental authority and they werent about to give this govt any sovereignty over the will of the people. We gave the President the authority to pardon etc. We gave Congress the power to make law etc. We gave judges the authority to carry out our laws and the Constitutuon as it was written. However, we never gave courts, public officials, judges, congressmen, and all their staffs immunity from our laws and Constitution. Immunity is nowhere to be found in our Constitution as the people did not give it, and in fact did not want anyone to be above t he laws and principals under which it was formed. As the people are the supreme authority in a democracy or republic. Thus as stated in the "Federalist" it is the people that are sovereign not govt. Those people are the only ones that can grant immunity, the power to pardon, or anything else. AND THE PEOPLE NEVER GAVE JUDGES OR ANYONE ELSE IMMUNITY FROM OUR LAWS AND CONSTITUTION. Nor did we give Congress or anyone else the authority to grant immunity to anyone! We didnt give it to prosecutors, courts, judges, congress, etc. And we surely werent bound by any English or foreign laws. Thus immunity claimed by courts and judges has no basis in our country and in fact, doesnt exist. Therefore, Judicial Immunity is a court made immunity and the court has never had authority to make or create it. Judicial Immunity is a sham that has no basis in our law or country. It simply doesnt exist! The people alone can grant immunity not the govt, courts, judges or any instrument of govt> To understand this concept, one must go back to the founding of this nation. We threw off a king and English rule as we were being taxed and not being represented in govt, among other things. We did not accept sovereign or parliament authority in which we had no part. Because of this, the founders to form a representative govt with its authority and limitations set by the people. Remember the people had to approve the Constitution that set that authority and limits. The states and colonists had just fought a war to throw governmental authority and they werent about to give this govt any sovereignty over the will of the people. We gave the President the authority to pardon etc. We gave Congress the power to make law etc. We gave judges the authority to carry out our laws and the Constitutuon as it was written. However, we never gave courts, public officials, judges, congressmen, and all their staffs immunity from our laws and Constitution. Immunity is nowhere to be found in our Constitution as the people did not give it, and in fact did not want anyone to be above t he laws and principals under which it was formed. As the people are the supreme authority in a democracy or republic. Thus as stated in the "Federalist" it is the people that are sovereign not govt. Those people are the only ones that can grant immunity, the power to pardon, or anything else. AND THE PEOPLE NEVER GAVE JUDGES OR ANYONE ELSE IMMUNITY FROM OUR LAWS AND CONSTITUTION. Nor did we give Congress or anyone else the authority to grant immunity to anyone! We didnt give it to prosecutors, courts, judges, congress, etc. And we surely werent bound by any English or foreign laws. Thus immunity claimed by courts and judges has no basis in our country and in fact, doesnt exist. Therefore, Judicial Immunity is a court made immunity and the court has never had authority to make or create it. Judicial Immunity is a sham that has no basis in our law or country. It simply doesnt exist! The people alone can grant immunity not the govt, courts, judges or any instrument of govt>
Who was given the Authority to set up a system of federal courts?
The authority to set up a system of federal courts was granted to Congress by the U.S. Constitution. Article III of the Constitution establishes the judicial branch and allows Congress to create inferior courts under the Supreme Court. This provision enables Congress to determine the structure and jurisdiction of the federal court system.
Which branch of the government was given power to create the inferior courts of the judicial system?
The Legislative Branch is in control of inferior courts.
Which branch of government was given the power to create inferior courts of the judicial system?
The Legislative Branch is in control of inferior courts.
How did congress organize the judicial systems?
Congress organized the judicial system through the Judiciary Act of 1789, which established the framework for the federal court system. This act created a three-tiered structure consisting of the Supreme Court, circuit courts, and district courts. It defined the jurisdiction of these courts and set the number of justices on the Supreme Court. Additionally, Congress has the authority to create and modify lower courts as needed, ensuring the judiciary can adapt to the nation's needs.
Who creates all lower courts?
congress it self make the lower courts, its a check that congress has over the supreme court
What was the judicial power given to and various lower courts organized by the Congress?
The judicial power granted to Congress under the U.S. Constitution allows it to establish inferior courts beneath the Supreme Court. This authority is outlined in Article III, Section 1, enabling Congress to create and organize various lower courts, such as district courts and courts of appeals. These courts handle federal cases, ensuring the judiciary operates effectively and can manage the caseload that the Supreme Court does not directly address. This structure helps maintain a balanced and accessible legal system.
What is the judicial power of the United states vested in?
Like all branches in a federalist system, judicial power is split between state and federal levels. States can vest the judicial power in whatever courts their constitutions or legislatures wish to create. At the federal level, Article III requires that the judicial power be vested in the Supreme Court, and in any inferior courts which Congress should choose to create.
What is the document That created the judicial branch?
The document that created the judicial branch of the United States government is the Constitution. Specifically, Article III establishes the judicial branch, outlining the structure and powers of the federal court system, including the Supreme Court. This article grants Congress the authority to create lower courts and defines the jurisdiction of the judiciary. The establishment of the judicial branch ensures the interpretation and application of laws within the framework of the Constitution.
What does the Judicial Branch of government consist of?
In the United States government, the Judicial Branch consists only of the "constitutional" courts Congress established under its authority in Article III. These courts have general jurisdiction over civil and criminal cases that arise under federal law, US treaties and the US Constitution.The following are the only courts in the federal Judicial Branch:Article III Courts (all)US District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United StatesThe Judicial Branch includes not only the courts, but all the justices, judges, federally employed prosecutors, public defenders and other attorneys, support staff, clerks of court, and many other people.Congress also has the authority to create courts or tribunals according to its enumerated powers in Article I of the Constitution. These serve an important function in the federal court system, but are not considered part of the Judicial Branch.Article I Courts and Tribunals (examples)US Bankruptcy CourtsUS Tax CourtsUS Court of Federal ClaimsMilitary courtsAdministrative Law Courts (associated with government agencies)For more information, see Related Questions, below.
Can the Judicial Branch be changed?
Yes, Congress has the authority to change the structure and function of the Judicial Branch in any way not prohibited by the Constitution. For example, Congress can change the number of justices seated on the Supreme Court; can create or abolish courts inferior to (below) the Supreme Court; and can change the what cases a court can hear under appellate jurisdiction.
According to the US Constitution the courts are part of which of the three branches of government?
It is in the judicial branch. Article 3 of the Constitution vests the judicial power of the new government in the US Supreme Court. Article 3 goes on to authorize Congress to create other lower courts, like trial and appeals courts, as it sees fit.
