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Congress has two major abilities to check the actions of the Judicial branch:

  1. Congress must approve of any appointment to the Federal judiciary, so Congress can control the membership of the judiciary.
  2. Congress can pass new laws which take into account prior judicial rulings to redefine future judicial interpretations. So long as the law does not run afoul of Constitutional prohibitions, Congress can pass a law which changes how the Judicial branch must view a particular legal topic.
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13y ago
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10y ago

It depends on whose power they are checking.

They check the executive through the override veto process, appointment process, the ratification process, and the impeachment process. They check the judicial through the appointment process, the impeachment process, the amendment process, or passing laws that countermand judicial rulings they disagree with. They check the power of the state governments by passing overarching federal laws that use the express limited powers as hooks to permit enforcement of laws outside of those powers.

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13y ago

Congress can impeach the president, and Supreme court Justices. They can also override a president's veto with a 2/3 majority vote.

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12y ago

using the system of checks and balances

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13y ago

Checks and Balances.

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Q: How does congress check the judicial power?
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Related questions

How does the judicial branch check the power of the congress?

Can declare laws unconstitutional


What is the formal constitutional check on the supreme courts power of judicial review?

Congress can check the power of the Supreme Court by introducing amendments to the Constitution.


What government body checks the power of the President?

Both the Legislative (Congress) and the Judicial (Supreme Court), have the power to keep the President's power in check.


How does legislation branch check judicial branch?

Congress may impeach an official from the judicial branch, or the executive branch, for abusing their power. However, the judicial branch holds the trial.


The legislative branch can check the judicial branch by its power to?

The legislative Branch can check the Judicial branch in that Congress can approve the Judicial appointments, they can also impeach judges and remove them from office.


What is one way the legislative branch check the power of the judicial branch?

Congress must approve federal judge appointments


How does the court check the president and the congress?

judicial review


What is judicial review and how did the Supreme Court acquire this power?

The power was established in Marbury v Madison. It is important as it allows the Judicial system to check the power of Congress. They review a law to determine if it is unconsititutional.


What is an example of the presidents ability to check the power of congress?

The president can veto bills that are proposed to him, address Congress formally, and appoint justices to the USSC that are favorable to his political views and can use judicial review over Congress.


How can the judicial branch check a presidential veto?

The judicial branch doesn't check the presidents power to veto specifically. The legislative can however find the actions of the president unconstitutional through judicial review. The presidents power to veto is checked by the legislative, as congress can override the veto by a 2/3 majority.


What do judicial reviews give to the judicial branch?

The power of Judicial Review is the major check that the judicial branch has over the other two (legislative and executive) branches of the U.S. government. Judicial review allows the federal courts to rule actions of the President and Congress unconstitutional, and thus overturn them.


How does the judicial branch check the power the legislative branch?

The Judicial Branch, which is lead by the US Supreme Court, checks the power of the Legislative Branch through the use of what is called Judicial Review. This allows the Judicial Branch to decide if a law that Congress passed is constitutional or unconstitutional. Further, it allows the Judicial Branch to "define" that law by answering questions about it that are not spoken to directly in the regulation itself.This power is not unlimited, however. No court can consider the constitutionality of a law unless the law is a relevant part of a "case or controversy" before the court.Chief Justice John Marshall clearly affirmed the Court's right of judicial review in the case Marbury v. Madison, (1803), when the Court declared Section 13 of the Judicial Act of 1789 unconstitutional.