Simone Lawson
The US Constitution divides the government into three branches: the legislative, executive, and judicial. This separation of powers ensures that no single branch holds absolute power. The legislative branch makes laws, but the judicial branch can declare them unconstitutional. The Constitution grants Congress the power to propose constitutional amendments, pass new laws, approve the president's appointment of judges, control the number of justices on the Supreme Court, and impeach judges found guilty of treason, bribery, or high crimes and misdemeanors. Congress can also set salaries for judges, which cannot be lowered during their service. The Supreme Court, established by the Constitution, serves as the highest court and guardian of civil rights and liberties, ensuring that popular majorities do not pass laws that harm minorities or violate fundamental American values.
| Characteristics | Values |
|---|---|
| Power to propose constitutional amendments | --- |
| Power to pass new laws | --- |
| Power to approve the president's appointment of judges | --- |
| Power to control the number of justices on the Supreme Court | --- |
| Power to impeach judges | Treason, bribery, or high crimes and misdemeanors |
| Power to set judges' salaries | Cannot be lowered during their service |
| Power to establish inferior courts | --- |
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What You'll Learn
Congress can propose constitutional amendments and pass new laws
The US Constitution divides the government into three branches: the legislative, executive, and judicial. The purpose of this separation of powers is to ensure that no one branch holds too much power.
Congress's main checks on the judiciary include the power to propose constitutional amendments and pass new laws. This means that Congress can alter the Constitution, the supreme law of the land, and create new laws that must be followed. Congress first organised the judiciary through the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, Congress has altered the number of seats on the Supreme Court, and after the Civil War, the number was fixed at nine.
Congress also has the power to approve the president's appointment of judges, control the number of justices on the Supreme Court, and impeach judges guilty of treason, bribery, or high crimes and misdemeanours. The Constitution grants Congress the power to set judges' salaries, which cannot be lowered during their service.
The legislative branch, which includes Congress, makes laws, but the judicial branch can declare those laws unconstitutional through judicial review. Judicial review is the process by which the judiciary ensures that legislative and executive acts do not violate the Constitution. The Supreme Court's main role is to decide if laws are constitutional, ruling on cases that involve constitutional interpretation.
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Congress can impeach judges
Article III of the US Constitution establishes the federal judiciary and gives Congress the power to decide how to organize it. This includes the power to impeach judges. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system.
Article III, Section I states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that Congress has the authority to create lower courts and appoint judges to those courts. It also has the power to remove judges through impeachment.
The Constitution provides that judges can only be removed from office through impeachment by the House of Representatives and conviction by the Senate. This is a rare occurrence, usually reserved for grave ethical or criminal misconduct. As of 2017, only 15 federal judges have been impeached, and only eight have been convicted.
The House of Representatives can impeach a judge with a simple majority vote, but a judge may only be removed from office following a trial and a two-thirds majority vote by the Senate. This process is in place to protect the independence of the judicial branch and ensure that judges are not punished for their rulings.
The Supreme Court plays an essential role in the constitutional system of government. It is the highest court in the land and has the power of judicial review, ensuring that each branch of government recognizes its limits. The Court also protects civil rights and liberties by striking down laws that violate the Constitution and sets limits on democratic government to protect minority rights.
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Congress decides the number of justices
The Constitution gives Congress the power to decide on the number of justices that sit on the Supreme Court's bench. Article III, Section 1, starts with a broad direction to Congress to establish courts: "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish."
The 1st United States Congress provided the detailed organization of a federal judiciary through the Judiciary Act of 1789. They decided that the Supreme Court, as the country's highest judicial tribunal, would be based in the nation's capital and would be composed of a chief justice and five associate justices. The act also divided the country into judicial districts, which were in turn organized into circuits. Justices were required to hold circuit court twice a year in their assigned judicial district.
Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of 10. Shortly after the Civil War, the number of seats on the Court was fixed at nine—one Chief Justice and eight Associate Justices.
Congress can increase the number of justices, giving the president the power to influence future decisions by appointing them. However, no president since Franklin D. Roosevelt has seriously attempted to add justices to the Supreme Court.
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Congress approves the president's appointment of judges
The US Constitution gives Congress several checks against judicial power, including the power to create federal courts and decide on their organisation. The Constitution also grants Congress the power to approve the president's appointment of judges.
The Appointments Clause of the US Constitution empowers the president to nominate and appoint public officials, including federal judges, with the advice and consent of the Senate. This clause ensures accountability in staffing important government positions. The president has plenary power to nominate political appointees, while the Senate's role is advisory, as the president is not bound to their advice.
The Appointments Clause distinguishes between two types of officers: principal officers and inferior officers. Principal officers, such as Supreme Court justices, must be appointed by the president and confirmed by the Senate. On the other hand, inferior officers, such as district court clerks and federal supervisors of elections, can be appointed by the president alone, by the heads of departments, or by the judiciary.
The Supreme Court has further clarified the distinction between principal and inferior officers, stating that whether an individual wields significant authority determines their officer status. Additionally, in cases such as Morrison v. Olson (1988) and Edmond v. United States (1997), the Court identified factors such as removability by a higher executive branch official and limitations on duties as characteristics of inferior officers.
The process of appointing judges through the collaboration of the executive and legislative branches helps maintain a balance of power between the branches and ensures a measure of accountability in the selection of judicial officials.
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Congress sets judges' salaries
The Constitution gives Congress the power to set up and organize the Supreme Court and other federal courts. Article III, Section I of the Constitution states that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This means that Congress has the authority to decide how to structure the Supreme Court and create lower federal courts.
Congress has the power to set the salaries of federal judges, including Supreme Court justices. The Constitution, in Article III, states that judges shall receive compensation for their services, which "shall not be diminished during their Continuance in Office." This means that Congress has the responsibility to ensure that judges' salaries are maintained at an appropriate level throughout their term.
Over time, Congress has passed various laws and adjustments to determine the salaries of federal judges. For example, in 1987, there were two separate adjustments that affected judicial salaries. First, Public Law Number 99-500 provided a three percent cost-of-living adjustment for judges, resulting in varying salaries for different positions within the federal judiciary. Second, President Reagan recommended further adjustments under the Federal Salary Act of 1967, which Congress did not disapprove, leading to those rates taking effect in March 1987.
The salaries of federal judges and members of Congress have often been linked, with both receiving the same annual recommended salary adjustment. However, Congress has the power to block these increases, and there have been instances where they have chosen to do so for themselves while allowing increases for executive-level officials. This linkage has been criticized for holding back judicial salary increases, as Congress has been reluctant to increase its own salaries due to voter hostility.
The impact of judicial salary adjustments is a topic of interest, with some arguing that low salaries may lead to judges leaving the judiciary for more lucrative positions. Congress has considered various options to address this issue, including ending the practice of parity between congressional and judicial salaries, allowing their salaries to increase at different rates. However, Congress has been cautious in implementing significant changes to judicial salaries due to the potential implications for recruitment and retention within the federal judiciary.
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Frequently asked questions
The judicial power of the United States is vested in the Supreme Court and such inferior courts as ordained and established by Congress.
The Supreme Court is the highest court in the land and acts as the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to ensure that each branch of government recognises the limits of its power.
Congress has the power to propose and pass constitutional amendments, control the number of justices on the Supreme Court, approve the president's appointment of judges, and impeach judges found guilty of treason, bribery, or high crimes and misdemeanors. Additionally, Congress can set the salaries of judges, but it cannot lower them during their service.
The separation of powers divides the government into three branches: legislative, executive, and judicial. This division ensures that no single branch holds absolute power. Each branch has specific powers to limit the authority of the others, creating a system of checks and balances.
The legislative branch makes laws, but the executive branch, through the President, can veto them. The judicial branch can declare those laws unconstitutional. The executive branch enforces federal laws, but the judicial branch interprets them.
