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AP Constitution *
Judicial Power
| Question | Answer |
|---|---|
| Federal Judiciary Act of 1789 | established a Supreme Court with a Chief Justice and five Associated Justices. District and circuit courts were created. |
| John Jay | appointed as first Chief Justice |
| Term of Office for Federal Judges | for life or until voluntary retirement. |
| Can the pay of a judge be reduce during his term of office? | No. |
| What does it mean that the appointment, the term of office, and the pay of federal judges make the judges independent? | judges are free from pressures that could threaten their status and possibly influence their judgment |
| Federal courts have jurisdiction in the following cases | arising under the Constitution & laws of Congress; affecting ambassadors, other public ministers, & consuls; of admiralty & maritime jurisdiction; between citizens of different states; between a state/citizen and foreign states/citizens; involve U.S party |
| original jurisdiction | when a case is heard by the Supreme Court before it has been taken to any other court |
| What are cases of original jurisdiction? | cases involving "ambassadors, other public ministers & consuls, and those in which the U.S. shall be a party. |
| Is it often that cases of original jurisdiction before the Supreme Court involving foreign officials? | Extremely rare. Troubles involving diplomats practically never get into our courts. |
| cases of appellate jurisdiction | a higher jurisidiction than the court rendering the decision in question |
| What does Congress have the power to do if Congress and Sup. Court ever develop a spirit of hostility toward one another resulting from decisions in which the Court has declared laws of Congress unconstitutional? | Congress could drastically modify the jurisidiction of the courts in all appellate cases. |
| Does Congress have authority over the original jurisdiction of the Supreme Court? | No |
| Who is the final power? | The Supreme Court |
| definition of treason (Article III Section 3) | treaston against the U.S. consist only in levying war against it or giving the enemy aid and comfort |
| Executive checks on the Supreme Court (SC) | Pres. appoints members to the SC with approval of the Senate. Pres. naturally appoints a member of his own party. But it has been shown that appointees tend to be independent in thought and action |
| Legislative check on the Supreme Court | If Congress dislikes a decision of the Supreme Court when it declares a federal law unconstitutional, Congress can propose an amendment to the Constit. that will permit such a law. Congress may refuse to confirm judicial appointments. |
| An example of legislative checks on the Supreme Court | In 1894 Supreme Court declared a federal income-tax law unconstitutional, and Congress proposed the Income Tax Amendment in 1913 |
| How can the House of Representative check the Supreme Court? | House of Rep. can impeach and Senate can try a member of the Supreme Court. This does not influence the Court. |
| Checks exercised by the Supreme Court | Court can declare a law of Congress unconstitutional, and in doing so, cancel the work of Congress; can declare an act of Pres. unconstitutional |
| Give an example of the Supreme Court (SC) check on the Pres. | In 1952, Pres. Truman ordered gov. seizure of the steel companies in a strike situation, which he claimed to be a national emergency. SC invalidated the order and declared that there is no such thing as emergency powers of Pres. |
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