Final answer:
The most common way elected branches seize statutory control from the Supreme Court is through legislation. Congress has the power to modify the federal court structure, including its appellate jurisdiction. Additionally, Congress can rewrite or create laws to address the Court's constitutional objections without altering the policy. In some cases, Congress can even propose a constitutional amendment to undo a Court decision.
Step-by-step explanation:
The most common way elected branches seize statutory control from the Supreme Court is through legislation. Congress has the power to modify the federal court structure, including its appellate jurisdiction. Additionally, Congress can rewrite or create laws to address the Court's constitutional objections without altering the policy. In some cases, Congress can even propose a constitutional amendment to undo a Court decision.Elected branches typically use legislation to take statutory control from the Supreme Court, either by rewriting laws or modifying court structures. This acts as a check on the judicial power of the Supreme Court, particularly against its power of judicial review. Constitutional amendments can also serve as a check but are less common due to their complexity and required consensus.
The most common way elected branches can seize statutory control from the Supreme Court is through legislation. Essentially, this means that Congress retains the power to modify the structure of the federal court system, manage its appellate jurisdiction, and, faced with a Supreme Court ruling that overturns one of its laws, Congress can respond by rewriting the law. This provides a check on the judiciary's power of judicial review, which is the authority of the courts to declare the constitutionality of legislative and executive actions. Although not explicitly stated in the original Constitution, the Supreme Court established the power of judicial review in the landmark case of Marbury vs. Madison, making it a central part of American legal governance. Congress can also check judicial power by proposing a constitutional amendment to overturn a Court decision. Such amendments require significant consensus as they must be ratified by the states. This process is more challenging and less frequent than passing legislation but serves as an ultimate check on the Supreme Court's decisions.