Google Answers Logo
View Question
 
Q: Government Issues ( Answered 5 out of 5 stars,   0 Comments )
Question  
Subject: Government Issues
Category: Relationships and Society > Politics
Asked by: fc225-ga
List Price: $5.00
Posted: 08 Dec 2003 17:27 PST
Expires: 07 Jan 2004 17:27 PST
Question ID: 285099
How can Congress limit the authority of the supreme court?
Answer  
Subject: Re: Government Issues
Answered By: mvguy-ga on 09 Dec 2003 18:30 PST
Rated:5 out of 5 stars
 
The constitutional means by which Congress can limit the Supreme Court
can be found in Article III of the U.S. Constitution.  I shall list
the relevant parts below:

  Section 1. 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 judges, both of the supreme
  and inferior courts, shall hold their offices during
  good behaviour, and shall, at stated times, receive
  for their services, a compensation, which shall not
  be diminished during their continuance in office.

  Section 2. ... In all cases affecting ambassadors, 
  other public ministers and consuls, and those in 
  which a state shall be party, the Supreme Court shall
  have original jurisdiction. 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. ...

You can find the entire article here:

Article III
http://www.law.cornell.edu/constitution/constitution.articleiii.html

The main constitutional means, then, by which the Congress can limit
the authority of the Supreme Court then, is to make "exceptions" and
"regulations" of the court's appellate jurisdiction.

To date, this has not been done to any significant degree. However,
such use of Congressional power has been proposed, particularly by
some conservative activists. Here are four examples:

Congress members introduce bills designed to limit courts' authority
Proposals would limit court decisions in certain First Amendment cases
involving religious freedom.
http://www.abpnews.com/abpnews/story.cfm?newsId=3873

Congress Can Overturn Roe v Wade Anytime It Wants
The writer says that the reason Congress doesn't do what the title
says is because it doesn't have the political will, not because it
doesn't have the authority.
http://www.covenantnews.com/baldwin030321.htm

How Congress Can Rein in the Courts
An article by Edwin Meese III.
http://www-hoover.stanford.edu/publications/digest/974/meese.html

Can Congress "Find" That the Supreme Court Was Wrong About Evidence?
The implications of an anti-abortion bill.
http://writ.news.findlaw.com/commentary/20030318_wolfson.html

In addition to these constitutional means of limiting the high court's
power, there are other steps Congress could take:
-- It could remove wrongly-deciding judges for lack of good behavior.
-- It could seek to amend the Constitution.
-- The Senate can vote to confirm or deny court appointments.
-- The Congress could expand the size of the court so that new
justices could be appointed to overrule the existing ones. Such a
court "packing" was proposed during the FDR administration but never
happened.

I hope you find this answer helpful.

Sincerely,

Mvguy-ga




Google search used: congress limit court authority
://www.google.com/search?hl=es&ie=UTF-8&oe=utf-8&q=congress+limit+court+authority&btnG=B%C3%BAsqueda+en+Google
fc225-ga rated this answer:5 out of 5 stars

Comments  
There are no comments at this time.

Important Disclaimer: Answers and comments provided on Google Answers are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Google does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. Please read carefully the Google Answers Terms of Service.

If you feel that you have found inappropriate content, please let us know by emailing us at answers-support@google.com with the question ID listed above. Thank you.
Search Google Answers for
Google Answers  


Google Home - Answers FAQ - Terms of Service - Privacy Policy