What is one way that the Supreme court checks the president and congress' power?

Answer 1

One tool Congress has to check the power of the US President and the Supreme Court is the right of impeachment.

Impeachment is a two-step process involving both houses of Congress.

The House of Representatives files articles of impeachment, in a process similar to a criminal court indictment. If the House of Representatives votes to impeach the official, the Senate conducts a trial to determine if the person is guilty of the charges. If two-thirds of the Senate votes against the official, then he or she is removed from office (or from the bench). If the Senate fails to achieve a two-thirds vote, the official is acquitted.

There are no legal consequences of impeachment, beyond removal from office.

The power of impeachment is conferred or explicated in all of the first three Articles of the Constitution

Article 1, Section 2, Clause 5

The House of Representatives shall choose their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article 1, Section 3, Clauses 6 and 7

The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried the Chief Justice shall preside; And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Article 2, Section 4

The President, Vice President and all Civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article 3, Section 1

. . . The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour. . . .

Historic Exception

After Alcee Hastings, a federal judge, was impeached for accepting bribes, was elected to the House of Representatives, Congress either talked about or decided to make it so an impeached government official would be ineligible for any other position in the Federal Government.

Explanation

[Congress didn't discuss the situation and decide to change the rules later: Article I, Section 3, Clause 7 of the Constitution (adopted in 1787 and ratified in 1788) already addressed the issue. Hastings was elected to the House of Representatives while his case was pending before the Supreme Court, so he was allowed to run for office because he had appealed the impeachment ruling. If he'd been prevented from running and the Supreme Court had overturned the impeachment, Hastings would have been unfairly penalized and may have had grounds to file a civil suit for monetary damages against someone(s).

Although the US Supreme Court ruled impeachment is a political question (not triable in court) and upheld the impeachment, Congress was prevented from excluding Hastings on a technicality. The US District Court for the District of Columbia ruled the House had to admit him because Congress hadn't taken a separate vote explicitly barring him from office prior to allowing him to be seated. Interesting story, but definitely an exception rather than the rule. See Related Links, below.]

For more information, see Related Questions, below.

Answer 2

Congress has the ability to overrule the President's veto power with a 2/3 majority vote. Furthermore, Congress has the power to impeach the President, and must confirm the President's choices (i.e. appointment of the Supreme Court, etc.).

Congress checks the Supreme Court in a few ways as well. First of all, it has to confirm the President's appointments of Supreme Court judges. It also has the power, once again, of impeachment, and has the ability to amend the Constitution.

Answer 3

declaring one of his actions unconstituional