How is the power of the federal judicial branch held in check? Select all that apply.
A. Federal judges are only allowed to serve one term of 16 years.
B. Congress can overturn any Supreme Court decision with a two-thirds majority in each house.
C. The president appoints all federal judges, including Supreme Court justices.
D. The Senate approves all federal judges, including Supreme Court justices.
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The correct answers are B and D.
B. Congress can overturn any Supreme Court decision with a two-thirds majority in each house.
D. The Senate approves all federal judges, including Supreme Court justices.
A is incorrect because there is no term limit for federal judges. They serve for life unless they are impeached and removed from office.
C is incorrect because while the president appoints federal judges, including Supreme Court justices, this does not directly hold the power of the federal judicial branch in check. The president's appointment power is an important aspect of the checks and balances system, but it is not the primary check on the power of the federal judiciary.
Therefore, the correct answers are B and D.
To determine how the power of the federal judicial branch is held in check, let's examine each option:
A. Federal judges are only allowed to serve one term of 16 years.
This statement is not accurate. Federal judges, including Supreme Court justices, are not limited to serving one term of 16 years. They are given lifetime appointments, subject to good behavior, as stated in Article III, Section 1 of the U.S. Constitution. Therefore, option A is not correct.
B. Congress can overturn any Supreme Court decision with a two-thirds majority in each house.
This option is incorrect as well. Congress does not have the authority to directly overturn Supreme Court decisions. However, Congress can pass new legislation to modify or clarify existing laws affected by a Supreme Court ruling. The Court can, in turn, reinterpret or strike down those laws in future cases. This system of checks and balances ensures that the legislative branch (Congress) and the judicial branch (Supreme Court) have separate and distinct powers. So, option B is incorrect.
C. The president appoints all federal judges, including Supreme Court justices.
This statement is partially correct. The president does have the power to nominate federal judges, including Supreme Court justices. However, the president's appointment power is subject to checks and balances. The president's nominations are subject to confirmation by the Senate, which is an important step in the appointment process. Therefore, option C is partially correct.
D. The Senate approves all federal judges, including Supreme Court justices.
This statement is correct. The Senate has the authority to confirm or reject the president's nominations for federal judges, which includes Supreme Court justices. Before a judge can be appointed, they must go through a confirmation process, where the Senate Judiciary Committee holds hearings to evaluate the nominee's qualifications. The Senate then votes on whether to confirm the nominee. This confirmation process acts as a check on the president's power to appoint judges. Therefore, option D is correct.
In conclusion, the correct answer is D. The Senate approves all federal judges, including Supreme Court justices, which serves as a check on the power of the federal judicial branch.