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The Court's appellate jurisdiction is given "with such exceptions, and under such regulations as the Congress shall make." Often a court will assert a modest degree of power over a case for the threshold purpose of determining whether it has jurisdiction, and so the word "power" is not necessarily synonymous with the word "jurisdiction". [14] [15]
The way the Constitution is understood is influenced by court decisions, especially those of the Supreme Court. These decisions are referred to as precedents . Judicial review is the power of the Court to examine federal legislation, federal executive, and all state branches of government, to decide their constitutionality , and to strike them ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
The Supreme Court does not have any enforcement power; the enforcement power lies solely with the executive branch. Thus, the executive branch can place a check on the Supreme Court through refusal to execute the orders of the court. However the prestige of the Court makes that difficult to do. [3]
The Constitution vests the judicial power "in one supreme Court, and in such inferior courts as the Congress may from time to time establish" (emphasis added). Scholars have debated whether the word "in" means that the entire judicial power is vested in the Supreme Court and is also vested entirely in the inferior courts; that possibility has ...
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] Alexander Hamilton wrote about the way the Constitution allocates the power of appointment in The Federalist No. 76 (1778). The president, he asserted, should have ...
President Biden's initiative to establish Supreme Court term limits and an enforceable ethics code could help restore much needed public trust in the court. Just as importantly, it’s a reminder ...
Generally, the Court's decision is the opinion which a majority (five or more) of justices have joined. In rare instances, the Court will issue a plurality opinion in which four or fewer Justices agree on one opinion, but the others are so fractured that they cannot agree on a position. In this circumstance, in order to determine what the ...