What authority does Congress have regarding the judiciary?

Study for the Taft Law School Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

Congress has the authority to establish lower courts because this power is explicitly granted by the Constitution. Article III, Section 1 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 while the U.S. Supreme Court is constitutionally mandated, Congress has the discretion to create and structure lower federal courts, which can include district courts and courts of appeals.

This authority is essential because it allows Congress to shape the federal court system to suit the needs of the government and the public. It ensures that there is a system of courts in place to handle federal cases, thus allowing for the effective administration of justice across various levels of federal law.

The other options do not reflect the powers granted to Congress. For example, the appointment of Supreme Court Justices is carried out by the President with the advice and consent of the Senate, rather than direct action by Congress itself. Deciding cases is a function of the courts, not Congress, and interpreting laws is primarily the role of the judiciary, not the legislative branch. Thus, the correct understanding of the judiciary's relationship with Congress highlights the specific power to establish lower courts as

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy