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How does the judicial branch check the power the legislative branch?
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∙ 6y ago
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.
Krystal Bernier
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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 can the judicial branch do to check the power of the legislative branch?
they can issue a supreme court decision
Why is the executive branch used?
To check the power of the Judicial and the Legislative Branches
In way does the legislative branch check the power of the judicial branch?
If the legislative branch does not agree with the way in which the judicial branch has interpreted the law, they can introduce a new piece of legislation, and the process starts all over again.
What ways does the legislative branch check the power of judicial branch?
If the legislative branch does not agree with the way in which the judicial branch has interpreted the law, they can introduce a new piece of legislation, and the process starts all over again.
What is the power of and check on the judicial branch?
The Judicial branch has the power to interpret the laws, or decide if they are unconstitutional. The checks on the Judicial branch are the power of the executive branch to enforce the laws and the power of the legislative branch to make laws.
What was the impact of Marbury v. Madison?
It allowed the Judicial Branch to check the actions of the Legislative Branch by affirming the Supreme Court's power of judicial review.
What are the executive branchs checkes over the legislative and the judicial branches?
The executive check over the legislative branch is the power of vetoing laws. The executive check over the judicial branch is the power of judicial appointment -- the president can pick a judge to take the seat of a judge who leaves the supreme court.
What is one way the legislative branch check the power of the judicial branch?
Congress must approve federal judge appointments
Who check the executive branch?
Both the Judicial and Legislative branch can check the Executive branch. The Judicial branch has the power of judicial review and can declare any act of the Executive branch to be unconstitutional and therefore void. The Legislative branch has a number of checks on the Exectuive branch. The President, the head of the Executive Branch, can appoint federal judges but the Senate must approve.
Which branch has the power to impeach the president override a veto and controls the spending of money?
legislative check on judicial
Do the judicial branch and legislative branch share power with the executive branch?
Yes, they do.
