What power does the Judicial Branch hold over the Legislative Branch?

Answer 1

The Legislative branch according to the US Constitution has the power of the purse over the Judicial branch. They determine the funding for the Judicial branch and can determine the working elements of the Judicial Branch.

The Legislative branch also has the power to confirm Judicial nominees to the Judicial Branch and the confirmation process provides a series of checks to confirm the soundness of the judicial appointee.

Answer 2

The Judicial branch, particularly the US Supreme Court, holds the power of "judicial review," which means they can evaluate legislation that is challenged in court to determine if the law is constitutional. If the Court decides the law violates constitutional provisions, it will be nullified, or overturned.

For more information about judicial review, see Related Links, below.

Answer 3

well. basically none they're each in charge of themselves judicial branch is in charge of saying if the laws are fair, legislative branch is in charge of making the laws and executive branch is in charge of enforcing the laws and they are all part's of the government who each have a responsibility so the government can't have total control

Answer 4

Over the last 200+ years, the judicial branch has increasingly presumed to be able to write legislation through judicial decision. This action, of course, lacks any lawful authority since all judicial decisions are merely legal opinions. The Constitution originally instructed the judiciary to decide conflicts based on the exact and original wording and intent of the laws, not to attempt to re-write them.

Answer 5

There are many powers the legislative branch holds over the judiciary. Some are as follows. The courts have the power to declare laws unconstitutional or just interpret them in ways Congress did not anticipate or want if the wording of the laws warrant it. Congress then has the power to change those laws to correct the parts the courts have interpreted laws contrary to Congress's initial expectation, thereby rendering the Court's decision inapplicable to future interpretations. If a subject matter is declared unconstitutional, Congress can propose an amendment to the Constitution to overcome the constitutional problem. Congress creates the judiciary as it sees fit. The Constitution creates the Supreme Court but does not set it up in working order. Congress can change the number of justices on the Supreme Court anytime it wants to, and has changed it several times. Congress sets salaries of judges, but may not reduce those salaries or fire certain types of judges without cause. Congress fixes the dates when the Supreme Court meets to hear cases. Congress has the power to create or not create courts. Congress has created the US District Court and the US Courts of Appeals directly below the Supreme Court. It has also created specialized courts such as the Bankruptcy Court, the Court of Federal Claims and other courts. Congress allocates the money to run the courts. By controlling the amount of money the courts get, Congress controls the size and operations of the judiciary. Congress has the power to expand or limit jurisdiction, within Constitutional limits. Congress also has impeachment powers over the judiciary in the same way it has over the President and other federal officeholders Congress may not fire certain types of judges or reduce their salaries while they hold office, but those judges may be impeached and removed for the same reasons that are stated as grounds for impeachment and removal of the president. The Constitution states that there shall be a Supreme Court, but leaves the details of actual operation to Congress. In this way the judiciary is not immune from Congressional oversight.

Answer 6

The de facto power by the judicial branch enables it to evaluate the legislative branch. The Supreme Court can make laws and revoke laws made by the legislature.

Answer 7

The senate has to approve all Sumpreme Court nominees.

Answer 8

the power to interpret the law

Answer 9

They have lots of power over the Judicial branch. They are only 1/4 amount of power over because people are starting to appreciate how much the Judicial branch is doing for us. If it weren't for them, we would have unequal laws.