General Discussion
In reply to the discussion: Can we have a brief discussion about....."the Billionaires"? [View all]Clouds Passing
(7,893 posts)Article III, Section 1:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.
The Framers structured the Constitution to promote the separation of powers and, in particular, to protect the Judiciary from undue influence by Congress and the Executive Branch.1 Nonetheless, the Constitution does not impose complete separation between the Judiciary and the political branches. Congress possesses substantial authority to regulate how the federal courts exercise judicial power, albeit subject to certain constitutional limitations.
For instance, the Supreme Court rejected a separation of powers challenge to legislation establishing the U.S. Sentencing Commission as an independent agency within the Judicial Branch.2 On the other hand, while Congress can change the substantive law courts must apply and alter the jurisdiction of the federal courts, sometimes even with respect to pending cases,3 it cannot direct the courts to reopen final judicial decisions.4 The following essays discuss those two issues. Other issues related to congressional control over the Federal Judiciary, including Congresss power to establish federal courts,5 create court procedural rules,6 set federal court jurisdiction,7 and alter federal judges tenure in office,8 are discussed elsewhere in this volume.
https://constitution.congress.gov/browse/essay/artIII-S1-5-1/ALDE_00013528/