Understanding the Rule of Law by Prentzas G. S.;

Author:Prentzas, G. S.; [Prentzas, G. S.]
Language: eng
Format: epub
Publisher: Rosen Publishing Group

The executive and legislative branches have the ability to limit the power of the judiciary. The president and the Senate control which judges are appointed as federal judges, including Supreme Court justices. The Constitution gives the president authority to nominate a person for a federal judgeship. The Senate must approve the appointment of all federal judges.

The Senate Judiciary Committee usually holds a confirmation hearing to ask the nominee questions. The committee then writes a report for the full Senate. The report either supports or opposes the appointment. The full Senate then votes to confirm or reject the nomination. If the Senate confirms the nomination, the new federal judge has a lifetime appointment. Like a president, a federal judge may be removed from office through the impeachment process. Federal judges are rarely impeached. In 2010, Judge Thomas Porteous became only the eighth federal judge to be removed from office.

Congress also has a means to limit the power of the judiciary branch. In Chisholm v. Georgia (1793), the Supreme Court ruled that federal courts had jurisdiction over a lawsuit filed against the State of Georgia by a citizen of South Carolina. State leaders were unhappy with the Court’s decision. The following year, Congress passed a resolution proposing the Eleventh Amendment. It would invalidate the Court’s decision in Chisholm. The states ratified the amendment in 1795. The Eleventh Amendment provides that the federal judiciary does not have jurisdiction over cases in which a state is sued by a citizen of another state or a citizen of another country.

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