2.11 Checks on the Judicial Branch

What power does the President have in the Judicial Branch?

In an event of vacancy, the president has the formal power to appoint judges and justices to the federal courts.

Which of the following statements describes judicial activism?

Judges ought to freely strike down laws that are inconsistent with their understanding of the Constitution

Which of the following may Congress do to limit the Supreme Court's power?

Pass legislation to limit the Court's jurisdiction

Which of the following actions can the states take to limit the Supreme Court's power?

Refuse to implement and enforce a ruling by the Court

Which of the following statements describes a way for the executive branch to limit the Supreme Court's power?

By appointing new Supreme Court justices

What is the biggest weakness of the Federal Courts?

The biggest weakness of the federal courts is that they have to rely on others to enforce their decisions.

Which of the following may the president do to limit the Supreme Court's power?

Appoint new justices to the Supreme Court

Article V as a check?

Article V gives Congress the ability to propose amendments to the Constitution. This can overturn precedents and make previously unconstitutional actions constitutional.

Which of the following best explains how the president can limit the Court's power by appointing a new Supreme Court justice?

By choosing justices who change the ideological leanings of the court

Impeachment

Congress is also given the ability to impeach (HOR) and remove (Senate) a federal judge from office. Only when a judge commits a federal crime or does something bad, not because of the decisions they make in court.

The Congress' control over the Purse Strings

Congress may simply withhold funding for the implementation or enforcement of a ruling.

As a result of the President's selections, how is the Judiciary always under check?

Federal judges and justices lifetime appointments gives these appointments long-lasting impact even after the president has left office.

Which of the following statements best describes judicial restraint?

Judges should limit the exercise of their own power to interpreting the Constitution according to its original intent

What does the President's ability to appoint judges mean for lower courts?

Lower federal court judges may be influenced to follow the president's wishes for promotion to a higher court. (Become more aligned with the president)

A Supreme Court precedent approving mandatory busing of students to ensure greater racial integration in public schools throughout the South could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it. Which of the following could Congress do to limit the Supreme Court's power in response?

Pass legislation changing the Court's jurisdiction

A Supreme Court precedent banning prayer in schools could be viewed as interfering with state powers under the Constitution, and as creating law rather than interpreting it. Which of the following may Congress do to limit the Supreme Court's power?

Pass legislation changing the court's jurisdiction

Which of the following is a legitimate course of action for Congress to take to place a restriction on the Supreme Court?

Pass legislation to modify the impact of the decision

In 1895, the Supreme Court heard a case about the Income Tax Act of 1894. The Court held that the act was unconstitutional and the federal government did not have the power to tax personal income. Which of the following is an action Congress could have taken to check the Supreme Court's power?

Proposing a constitutional amendment

A president believes the Court has overstepped its constitutional authority by requiring state legislatures to redraw congressional districts to address partisan gerrymandering. Which of the following could the president do to limit the Supreme Court's power in response?

Refuse to implement the decision

How is the Senate's confirmation a check?

The Senate can make it increasingly difficult or smooth for appointments to confirm. Depending on the ideologies of the party in control of the Senate and the appointee, partisanship bias will arise to best suit the parties support.

What Check does Congress have on the Judiciary? (5)

The Senate's ability to confirm appointments, HOR's ability to initiate an Impeachment and Senates removal, pass legislation, Article V to amend, and the Purse Strings

Which of the following scenarios would most likely be considered judicial restraint? TERM IMAGE

The Supreme Court refuses to hear a case because the justices believe the issue should be solved by the legislative branch

Why does a President's selection for a judge considered as a check?

The president usually appoints someone they are ideological aligned with. Party membership also matters. (decreases the likelihood of the federal courts making decisions that conflict with the views of the president or the president's party.)

How is Congress' Legislation a check? How can it be used as a check? (5)

They can pass legislation that can create lower "inferior" federal courts (Article III). They can change federal court jurisdiction (legal authority). (original or appellate). Pass legislation that can change the size of the Supreme Court. (9 justices) Change or clarify legislation to go around court ruling Pass new legislation to modify/less the impact of prior supreme court decisions.