Helix BBQs: Const. Law- The Nature of Judicial Power with Explanations

 All the following aspects of the judiciary are determined by Congress, except which?

A.The tenure period for federal judges.

Solution: The correct answer is A.

Answer option A is correct. Article III, § 1 of the Constitution guarantees all federal court judges life tenure, unless or until the person dies, resigns, or is impeached and removed from office for bad behavior (which may be for treason, bribery, or other high crimes and misdemeanors).

What court or courts have the power of judicial review?

A.All federal and state courts.

Solution: The correct answer is A.

Answer option A is correct. Judicial review refers to the power of a court to review actions of the executive and legislative branches of government for consistency with the Constitution and to invalidate any actions the court deems unconstitutional. All federal and state courts have this power, with the U.S. Supreme Court wielding ultimate authority to overturn any federal or state law or action that violates a superior federal law or the Constitution.

 In which lawsuit below would the Supreme Court have exclusive jurisdiction to hear both the trial and the appeal?

C.A suit in which one state is suing another state.

Solution: The correct answer is C.

Answer option C is correct. The Supreme Court has exclusive jurisdiction to hear both the trial and appeal in cases where one state is suing another state. Note that Article III provides that the Supreme Court has original (and not exclusive) jurisdiction over two types of cases: (1) those in which a state is a party; and (2) cases involving ambassadors, public ministers, and counsels. Federal district courts can also hear the trials for most such cases, but there is an exception for those where one state sues another.

Judicial Review

The power of a court to review actions of the executive and legislative branches of government for consistency with the Constitution and to invalidate any action