"[T]he judicial authority of the United States, while originating in the Constitution, is totally reliant for its distribution and structure, as well as the modalities of its exercise, on the action of Congress, which holds the exclusive power of...creating and abolishing inferior courts, and appointing their judges. The Constitutional provision relating to the appointment of federal judges is found in Article III, Section 2, which provides that 'the President shall appoint judges of the Supreme Court...and all other officers of the United States.' "
In other words, the executive branch makes recommendations to Congress regarding nominations to the Supreme Court, but it's up to Congress whether or not to confirm those candidates. In fact, only eight justices have been confirmed by Congress; the rest have been appointed by presidents.
The power of nomination is one of the most important powers granted to Congress by the Constitution because it allows them to design the court system that fits America's needs at any given time. By allowing Congress to make these decisions, the founders gave legislators the opportunity to consider issues before them and act accordingly. For example, after the Civil War ended, Congress wanted to ensure that slavery would not re-emerge in the country so they passed legislation preventing the president from appointing anyone who might be willing to reinstate slavery.
In conclusion, Congress has the power to create courts with jurisdiction over cases arising under the constitution.
All issues in law and equity arising under this Constitution, the Laws of the United States, and Treaties made or to be made under their authority; all cases involving Ambassadors, other public Ministers, and Consuls; all cases of admiralty and marine jurisdiction... All controversies between two or more States concerning foreign relations, including disputes regarding the interpretation or application of treaties, are resolved through consultation by the President and Secretary of State with appropriate government officials of other countries involved. The President makes recommendations to Congress regarding legislation that may be necessary to resolve such controversies. If Congress disagrees with any recommendation made by the President, then it can either approve or reject the proposal. If Congress fails to act within a reasonable time period, then the recommendation becomes effective without its approval.
If one state violates the laws of another, the victim has several options for redress. He or she can seek compensation from the responsible party in an independent tribunal or through diplomatic channels. The victim also has the right to invoke the aid of the national government by filing a complaint with the Attorney General or bringing a lawsuit in federal court. Finally, the victim can use his or her vote to influence Congress to pass laws that will prevent future violations from occurring.
Congress has the power to impeach officers of the executive branch, but only if they are convicted of crimes committed while in office. Members of the legislative branch cannot be punished for offenses conducted during periods when they are out of office.
THE HOUSE OF REPRESENTATIVES VS. THE COURTS Because Congress bears a large portion of the duty for fleshing out the entities of "judicial authority," Congress appears to wield significant ability to regulate and bend the courts to its whims. However, to a large extent, this power has shown to be illusory. The Supreme Court is not subject to congressional control or removal. Additionally, the Constitution provides mechanisms for citizens to remove officials who fail to abide by the law. These include the impeachment process, which can occur for any official, including judges, and the possibility of losing office through election defeat or death.
HOW DOES CONGRESS HAVE POWER OVER EXECUTIVES? Congress creates executive officers by statute. Generally, these are people who work for agencies or departments that Congress has the power to create. For example, Congress could give the president power to make appointments by requiring him to make certain nominations or direct him to set up a board to oversee federal investigations. If Congress wants to remove someone from this position, it can do so with the new president elected in November.
In addition to officers who serve at the pleasure of the president, such as secretaries and senior advisers, others may hold office for fixed terms. A common type of fixed-term appointment is that of a judge or magistrate. Judges are usually appointed for a term of nine years but can be removed earlier by Congress for cause. Magistrates are individuals who are not lawyers but who perform duties similar to judges during court proceedings.
The Supreme Court's most well-known authority is judicial review, or the capacity of the Court to declare a legislative or executive act to be in violation of the Constitution. This authority is not mentioned in the text of the Constitution. This theory was established by the Court in the decision of Marbury v. Madison (1803). The Court can also issue writs of mandamus and prohibition. These are orders directing or preventing certain actions, respectively.
Other authorities that have been claimed by various courts include the power to rule on questions of constitutional law, to interpret constitutional provisions, and to make rules governing the conduct of attorneys.
The Supreme Court's authority should not be confused with its power. The Supreme Court can decide what powers it will exercise and what matters it will decide. However it can choose not to assume any such power. For example, the Supreme Court has the power to reverse lower court decisions but does not do so as a general practice.
In conclusion, the Supreme Court's authority is its power to act as a check on both the Congress and the Executive.