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lesson 3.6 summary
while the language of the constitution and its amendments may seem clear and direct, it is also open to interpretation and may need to be clarified. each branch of the federal government has a way of doing it.
one way of clarifying the language of the constitution is through laws made by congress. for example, the constitution states that the judicial power of the federal government shall be in a supreme court, but it does not provide the details of the lower courts. the constitution gave congress the power to do that.
with the judiciary act of 1789, congress created three levels of federal courts—the supreme court, circuit courts, and district courts.
the courts also play a role in shaping the meaning of the constitution through the process of judicial review. this process gives the federal courts the power to determine whether an action undertaken by another branch of government is allowed under the constitution. if it is declared unconstitutional, the courts can declare the action void. article iii gives the courts the power to hear “all cases... arising under this constitution.”
what law gave congress the power to create the lower courts?
list the three levels of federal courts congress created with this law.
what is the process that gives federal courts the power to declare certain laws unconstitutional?
- The Judiciary Act of 1789 gave Congress the power to create the lower courts.
- The three - level federal court system created by Congress with this law is the Supreme Court, circuit courts, and district courts.
- The process that gives federal courts the power to declare certain laws unconstitutional is judicial review.
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- The Judiciary Act of 1789.
- Supreme Court, circuit courts, district courts.
- Judicial review.