All of the following serve as checks on the power of the federal courts EXCEPT which?

All of the following serve as checks on the power of the federal courts EXCEPT which?

• A. Impeachment of federal judges
• B. The voters oust federal judges in national elections
• C. Congress can pass a law clarifying legislative intent
• D. Presidents, governors, and local executives can refrain from enforcing court rulings

Answer: (B)

The key idea is how different branches can limit federal courts. Federal judges have lifetime tenure, so they aren’t removed by ordinary elections. Voters in national elections do not oust these judges, because removal happens only through impeachment by Congress and conviction in the Senate. That makes the idea of voters ousting judges the exception here. Why the other options do work as checks: impeachment is a direct constitutional mechanism to remove judges for misconduct. Congress can also pass laws that clarify or change the statute being interpreted, affecting how the courts apply the law. And the executive branch can choose not to enforce a court ruling, which, in practice, limits the impact of judicial decisions.

The key idea is how different branches can limit federal courts. Federal judges have lifetime tenure, so they aren’t removed by ordinary elections. Voters in national elections do not oust these judges, because removal happens only through impeachment by Congress and conviction in the Senate. That makes the idea of voters ousting judges the exception here.

Why the other options do work as checks: impeachment is a direct constitutional mechanism to remove judges for misconduct. Congress can also pass laws that clarify or change the statute being interpreted, affecting how the courts apply the law. And the executive branch can choose not to enforce a court ruling, which, in practice, limits the impact of judicial decisions.