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Question
- which of the following statements does not describe how the other branches of government check the power of the judicial branch?
○ when appointed, the supreme court justices hold position for life or until they decide to retire.
○ the president can decide whether or not to enforce judicial decisions.
○ with senate approval, the president has the authority to appoint all federal justices.
○ congress does not have the authority to set the number of federal judges.
- Analyze each option:
- "When appointed...retire": This is about judicial tenure, not a check on the judiciary by other branches. But it's a fact about judicial service, not a check action. However, the key is to find which does NOT describe a check.
- "The president can decide...decisions": The executive branch (president) enforcing judicial decisions is a way the executive interacts with the judiciary (though in reality, the president is generally bound to enforce judicial decisions, but the option presents it as a choice, and it's a form of executive "check" or interaction).
- "With Senate approval...appoint justices": The executive (president) with legislative (Senate) input appointing judges is a check (executive and legislative checking judicial by controlling appointments).
- "Congress does not have...federal judges": Congress actually does have the authority to set the number of federal judges (e.g., it has done so in the past for Supreme Court and lower federal courts). So this statement is false and does not describe a valid check (since it misstates Congress's power, and thus does not describe a real check mechanism). Also, the other options either describe checks (appointment process, executive enforcement) or a non - check fact (judicial tenure), but this option misrepresents a power that is a form of legislative check on the judiciary (by controlling court size).
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The statement "Congress does not have the authority to set the number of federal judges" does not describe how the other branches check the judicial branch (and is also factually incorrect, as Congress does have the power to set the number of federal judges).