Congress' Power: Determining Constitutionality Of Laws

The legitimacy of the federal court system has been called into question by many scholars, who argue that judges are substituting their own views of what the law should be, instead of interpreting what is contained in the Constitution and statutes. This has led to a discussion about the power of Congress to control the federal courts, and whether Congress can determine the constitutionality of laws. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter.

The Judiciary Act of 1789

The Act provided a charter for the federal judicial system by specifying the jurisdiction and powers of the district and circuit courts, and the qualifications and authority of federal judges, district attorneys, court clerks, U.S. Marshals, and Deputy Marshals. It also included the Alien Tort Statute, which provides jurisdiction in the district courts over lawsuits by aliens for torts in violation of the law of nations or treaties of the United States.

The Supreme Court's original jurisdiction

The Supreme Court has original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). This was established by the Judiciary Act of 1789. However, the Supreme Court has noted that the Constitution does not permit it to have original jurisdiction in all matters. For example, in a suit brought under the Judiciary Act, the Supreme Court held that an Act of Congress that is contrary to the Constitution could not stand, as the Constitution establishes itself as the Supreme Law of the Land.

Congress has the authority to regulate the Supreme Court's ethics and has a duty to do so in order to safeguard the rule of law. This includes the power to set term limits for Supreme Court justices, which would bring them in line with retired justices and federal judges.

The legitimacy of the federal court system

The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand.

Congress, as a separate and coequal branch of government, has the authority to exercise its powers to block the appointment of activist judges. For example, the Senate should use its confirmation authority to do so. Congress has also provided for a special court in which persons could challenge the validity of price regulations issued by the government, with appeal from the Emergency Court of Appeals to the Supreme Court.

Congress has the constitutional power to enact reforms to regulate the Supreme Court, such as term limits for Supreme Court justices. These reforms are seen as essential to safeguarding the rule of law.

The power of Congress to control the federal courts

Congress has the power to control the federal courts in several ways. Firstly, Congress can create inferior federal courts and define their jurisdiction. This means that Congress can decide which types of cases these lower courts can hear and rule on. Congress can also withhold jurisdiction in certain cases, as seen in the Voting Rights Act of 1965.

Additionally, Congress has the power to regulate the modes and practices of proceeding in inferior federal courts. This includes setting times and places for holding court, times of adjournment, appointment of officers, issuance of writs, and citations for contempt. Congress can also curb the power of the courts to enjoin governmental and private action, especially when it involves the power of taxation.

The Senate, as part of Congress, also has the authority to block the appointment of activist judges who may substitute their own views for what is contained in the Constitution and statutes. This is seen as a way to maintain a government of laws rather than a government of men.

Finally, Congress has the authority to regulate the ethics of the Supreme Court, including setting term limits for Supreme Court justices. This is seen as essential to safeguarding the rule of law.

The constitutionality of price control programs

Congress does not have the power to determine the constitutionality of laws. This power lies with the Supreme Court, which has the power to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). However, Congress can exercise the authority given to it by the Constitution to block the appointment of activist judges. Congress can also limit the jurisdiction of the Supreme Court and regulate its activities, as well as restrain its own law-making powers to help rein in the federal courts.

Frequently asked questions