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AP Constitution *

Judicial Power

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.
Created by: Tiffastic