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A common misperception is that the Supreme Court is the only court that may determine constitutionality; the power is exercised even by the inferior courts. But only Supreme Court decisions are binding across the nation. Decisions of a Court of Appeals, for instance, are binding only in the circuit over which the court has jurisdiction.
The U.S. Congress in relation to the president and Supreme Court has the role of chief legislative body of the United States.However, the Founding Fathers of the United States built a system in which three powerful branches of the government, using a series of checks and balances, could limit each other's power.
This clause, commonly known as the Appointments Clause, is one example of the system of checks and balances inherent in the Constitution. The president has the plenary power to nominate and to appoint, while the Senate possesses the plenary power to reject or confirm the nominee prior to their appointment. [2] [3] [4]
The high court's role is significant. The Supreme Court played a role as well. It staked out some of its own ground in the Marbury vs. Madison decision of 1803, which established judicial review — the principle that the court had the power to overturn laws it deemed unconstitutional.
It would permanently preserve the Court’s independence; promote the rule of law; and preserve checks and balances on abuse of power. Our Constitution is silent on the size of the Supreme Court.
The following example of the separation of powers and their mutual checks and balances from the experience of the United States Constitution (specifically, Federalist No. 51) is presented as illustrative of the general principles applied in similar forms of government as well: [30]
Article II, Section 2, Clause 2 of the United States Constitution, known as the Appointments Clause, empowers the president to nominate and, with the confirmation (advice and consent) of the United States Senate, to appoint public officials, including justices of the Supreme Court. This clause is one example of the system of checks and balances ...
Trump also got 226 federal judges and three Supreme Court justices confirmed while he was in office last time -- giving his ideas a sympathetic ear in the courts when he gets sued.