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On the federal level, Justices are appointed by the president and confirmed by the senate. Unlike the other branches, members of the federal judiciary are not elected by popular vote. Typically appointed for life, they are not subject to re-election pressures.

Members of the judiciary are responsible for considering the legality (constitutionality) of various laws passed by legislatures and governmental practices when these issues are brought before the courts on the behalf people directly affected by the laws and practices. Their decisions are published as 'opinions' but they have the effect of law, since failure to follow the instructions of the court found in the opinion can result in being held in 'contempt' and can result in being sent to jail.

There are several levels of courts. The decisions of lower courts can be appealed to higher courts all the way up to the U.S. Supreme Court.

Justices can order emergency orders, such as stays of execution, in order to consider the last minute pleas of condemned prisoners.

Unlike the other branches, the judicial branch cannot pro-actively lobby, make laws, or decide cases without there being an issue brought before them.

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Q: What are the main difference between the judiciary and the other two branches?
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The Attorney General


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In federalist 51, one of the deviations that Madison makes regarding the judiciary as compared with the other two branches of government is the mode of choice of public officers.


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