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Where did US Supreme Court receive its appellate jurisdiction?
The Constitution and CongressArticle III of the Constitution lists the classes of cases over which the US Supreme Court may exercise appellate jurisdiction; Congress has some ability to change this jurisdiction.
Who decides which appellate cases the US Supreme Court will hear?
Congress has authority to set or change the US Supreme Court's appellate jurisdiction. The Supreme Court itself has full discretion over which cases it chooses to hear under its appellate jurisdiction.
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.
What does the judicial have over the congress?
The powers that Congress has over the Judicial Branch are:May impeach Supreme Court justices (for cause)May reject appointments to the Supreme CourtMay change the number of justices on the US Supreme CourtMay change the appellate jurisdiction of any court, including the US Supreme CourtMay establish or dismantle "inferior courts"May initiate constitutional amendments affecting the courts
Which branch of government can change the original jurisdiction of the Supreme Court?
The US Supreme Court's original jurisdiction is defined by Article III of the Constitution. Congress (Legislative Branch) can determine whether original jurisdiction is shared or exclusive, but can't strip the Court of its original jurisdiction or add to it. The Supreme Court's original jurisdiction may be changed by constitutional amendment, either initiated by a two-thirds vote of each house of Congress, followed by ratification of 75% of the State legislatures; or by the States if at least two-thirds petition for a Constitutional Convention to propose an amendment, and 75% of the states ratify that amendment.
What power does the congress have over the judicial power?
The powers that Congress has over the Judicial Branch are:May impeach Supreme Court justices (for cause)May reject appointments to the Supreme CourtMay change the number of justices on the US Supreme CourtMay change the appellate jurisdiction of any court, including the US Supreme CourtMay establish or dismantle "inferior courts"May initiate constitutional amendments affecting the courts
Is the US Supreme Court appellate jurisdiction specifically defined in the US Constitution?
Not specifically. Article III, Section 2, of the Constitution includes this passage: "In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make." This clearly indicates that Congress can change the Supreme Court's and other federal courts' appellate jurisdiction, either by stripping (removing) jurisdiction over certain types of issues, or by assigning jurisdiction over a class of cases to a particular federal court. For example, the Bush administration stripped appellate jurisdiction (including writs of habeas) over Guantanamo detainees' grievances from the US Supreme Court and assigned it to the US District Court for the District of Columbia.
Is it the congress or supreme cournt who make the county laws?
Congress, but the courts can change the law through rulings.
Does the Congress have the authority to change the court's jurisdiction?
Yes. Congress has authority to alter federal court jurisdiction, or even eliminate a court altogether (with the exception of the US Supreme Court). Congress can even alter some of the Supreme Court's jurisdiction via jurisdictional stripping over certain types of appellate matters through general legislation.The Supreme Court's original jurisdiction can only be changed by Constitutional Amendment; however, Congress can determine whether the Supreme Court exercises exclusive original jurisdiction or shared jurisdiction over certain classes of cases.ExamplesCongress assigned the trial of ambassadors and other foreign ministers, which is constitutionally listed as part of the Supreme Court's original jurisdiction, to the US District Courts, but decided the Supreme Court has exclusive original jurisdiction over disputes between the states.One example of a constitutional amendment being used to change the Court's jurisdiction is when Congress and the States passed the Eleventh Amendment, revoking the Supreme Court's original jurisdiction over disputes between the states and citizens of another state. This was done in response to Chisholm v. Georgia, 2 US 419 (1793), a case in which the Supreme Court declared the states lacked sovereign immunity from being sued by citizens for war claims. Loss of sovereign immunity could have had a potentially disastrous impact on state economics.Congress can also strip any federal court (including the US Supreme Court) of certain types of jurisdiction by general legislation. One example is when Congress denied the Supreme Court the ability to consider writs of habeas corpus from Guantanamo detainees during the Bush administration. The legislation assigned original jurisdiction to specially created tribunals, and appellate jurisdiction to the US District Court for the District of Columbia. This legislation was later declared unconstitutional because the tribunals routinely denied prisoners' due process.
What two checks do congress have on the supreme court?
change the constitution impeach a judge
Why does Congress exercise its power to change the size of the US Supreme Court?
Congress has changed the size of the Supreme Court several times during the history of the United States, sometimes adjusting the number of seats to accommodate heavier or lighter caseloads in response to the addition of States or legislation increasing the number of federal courts over which the Supreme Court has appellate jurisdiction. On several occasions, Congress has used this authority to reduce the size of the Court as a check on the power of the President, to prevent him from filling a vacancy or potential vacancy. For more information, see Related Questions, below.
Can Congress pass a law preventing the US Supreme Court from later ruling on that law?
While the President and Congress can't directly change an unfavorable decision, they may circumvent the decision by passing legislation that addresses the constitutional challenge while still accomplishing their goal. For example, if the Supreme Court decides corporations can contribute an unlimited amount of money to political campaigns, Congress may try to pass legislation restricting companies with foreign ownership or foreign subsidiaries from donating to prevent foreign powers from participating in the US political process.Optionally, Congress could work with the States to ratify a constitutional amendment that effectively defeats the Court's objectives (this is a difficult and time-consuming process, however).Congress also has the right to prevent the Supreme Court from hearing certain types of cases under their appellate jurisdiction (called jurisdiction stripping) to reduce the possibility of certain controversies being declared unconstitutional in the future. This action wouldn't prevent a specific judgment from being acted upon, but could check the judiciary and restrict them from making sweeping changes.Because the Supreme Court has no authority to enforce its decisions, the President may ignore a decision or refuse to take action supporting it. Such was the case with many civil rights decisions made before Congress passed the Civil Rights Act of 1964 (and 1968).
