congress checks on supreme court Flashcards
impeach justices
same process as impeaching a president
example of an impeached supreme court once
only happened once too samuel chase but found not guilty of being partisan in his rulings in 1805
what is the objective of supreme court rulings
to judge whether an issue is constitutional or not
propose a constitutional amendment
by changing the constitution , a ruling by the supreme court can effectively be overturned as it changes the document against which the court has to make it judgement
example of congress proposing a constitutional ammenment
only happened one time
1913 - 16th Amendment allowed for federal income tax to be levied after supreme court had ruled to deny this in Pollock v Farmer case (1895)
creation of lower courts
has power to create lower courts and regulate the supreme courts role in hearing appeals from lower courts
what is jurisdiction stripping?
the constitutional ability of congress to regulate what cases the supreme courts is allowed to hear
example of jurisdiction stripping
2006 with the military commissions act which tried to remove from. the court the power to hear cases from Guantánamo detainees
ratify judicial appointments
senate only
presidential nominations to supreme court have big impact on the idealogical make up ( picking ideology similar to theirs)
senate can ensure justices are suitably qualified, and (recent) change or ensure ideological balance of court
why was antonin Scalia not replaced when he died in 2016?
ideological difference - merrick garland was a centrist but scalia was a staunch conservative
why is the ideological balance of court important?
crucial to the rulings it will give