inherent power
The Constitution established a national judiciary to ensure a uniform interpretation and application of federal laws across the United States, promoting fairness and consistency in legal matters. The structure of the national judiciary is outlined in Article III, which creates the Supreme Court as the highest court in the land and allows Congress to establish lower federal courts. This system includes district courts, which handle trial cases, and appellate courts, which review decisions made by the lower courts. This hierarchical structure helps to maintain a balance of power and provides a framework for addressing legal disputes at various levels.
The power to help Congress manage the federal budget primarily falls under the legislative authority granted to Congress itself, particularly through the Appropriations Clause of the Constitution. This power allows Congress to allocate funds, set spending priorities, and establish financial regulations. Additionally, the Congressional Budget Office (CBO) plays a critical role by providing nonpartisan analyses and projections to inform budgetary decisions. Overall, these powers enable Congress to oversee federal expenditures and ensure fiscal responsibility.
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.
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.
No. The Constitution allows federal judges to be impeached for "high crimes and misdemeanors," the same as the US President. The Judiciary Act of 1801 reorganized the federal court system and added six new circuit courts that relieved the Supreme Court justices of their circuit riding responsibilities and shifted some judicial power from the states to the federal government.
Both Article I, Section 8 and Article III, Section 1 of the Constitution assigned authority for creating the federal courts to Congress. This allows Congress to establish Courts and tribunals that are part of the Judicial Branch (constitutional courts), as well as courts of limited jurisdiction that operate outside the Judicial Branch.Article III CourtsUS District CourtsUS Court of International TradeUS Court of Appeals Circuit CourtsSupreme Court of the United StatesExamples of Article I CourtsUS Court of Federal ClaimsUS Bankruptcy CourtUS Tax CourtUS Court of Appeals for the Armed Forces
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.
The Elastic Clause is in Article I of the US Constitution, and it states that any powers necessary to complete the powers listed above (the expressed powers of congress), but not necessarily mentioned there, are nonetheless granted to the Congress. For example: An express power is that Congress can maintain an army. A implied power (powers granted by the elastic clause) would be to recruit, train, and draft citizens into that army. It could also establish military bases to which civilian access was restricted. The elastic clause has been used throughout US history to add powers to the federal government. It allows the federal government to expand its powers.
The structure of the judicial branch of government is outlined in Article III of the United States Constitution. This article establishes the Supreme Court and allows Congress to create lower federal courts. It defines the jurisdiction of the federal judiciary and provides for the appointment and tenure of judges. Additionally, it ensures that judges hold their positions during "good behavior," effectively allowing for life tenure barring impeachment.
What does the elastic clause allow Congress to do?It allows Congress to create laws or stretch laws which they think are necessary.
The IRS collects taxes for the Federal Government. The basis for this is 16th ammendment of the constitution which allows the Federal government to levy income taxes. This is implemented via the tax code with is subjected to frequent revision by congress.
The powers of the federal government that are clearly stated in the Constitution are outlined in Article I, Section 8, known as the Enumerated Powers. These include the authority to levy taxes, regulate commerce, declare war, maintain armed forces, and establish post offices, among others. Additionally, the Necessary and Proper Clause allows Congress to make laws needed to execute these powers. This framework establishes the federal government's specific roles and responsibilities.