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Today Trump signed an executive order for something, but the order was against the constitution so it will go to the court before it can be implemented. This is an example of the judicial system blocking the power of the president.

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Elias Wolf

Lvl 10
3y ago
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Wiki User

14y ago

i only know three ways that the judicial branch can check the judicial branch, which is the following:

decides if laws are unconstitutional.

also decides if actions are unconstitutional

can interpret treaties

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Wiki User

14y ago

I know of at least ONE way in which the U.S. judicial branch checks the legislative branch; it is through the implementation of the prcoess of "judicial review" whereby the U.S. Supreme Court may determine a law passed into law by the legislative branch (comprised of the U.S. House of Representatives and the U.S. Senate) as "unconstitutional" and therefore invalidate/repeal the law. John Marshall, a former Chief Justice of the United States Supreme Court, first exercised the power of judicial review in the case of Marbury v. Madison, (1803), when the Supreme Court of the United States declared Section 13 of the Judicial Act of 1789 unconstitutional. Other contributors to this answer, please provide another way besides "judicial review" for the judicial branch to check the legislative branch at the federal level to answer this question posed to completion.

As a side note the judicial branch also checks the executive branch by having the power to declare an executive/presidential act unconstitutional as well.

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Wiki User

12y ago

The legislative branch can override the President's veto to their proposed bill. The second way is for the Congress to impeach the President.

There are other methods that aren't in your standard School House Rock video--

The Legislative Branch controls the money appropriated each year to run the Executive Branch. This power very much allows for the House and Senate--and more accurately, various committees within the House and Senate, such as the, the Appropriations committees, to cut or threaten to cut various Executive Branch Departments or agencies within the Departments.

Simply put--the power of the purse allows the legislative branch to check the executive branch.

Additionally, transparency and accountability of the Federal Government (executive branch) as increased by the Freedom of Information Act, Administrative Procedures Act, and Federal Registry Act, allows for public access (thus legislative review) and judicial review of the Administrative branch's actions. These various acts open up federal decision making and actions proposed or taken by the government to public scrutiny -- and ultimately make them available for a lawsuit. This also checks government by the other two branches.

Lastly, Congress has built checks and balances into many of the offices they create. These checks and balances within the Administrative branch are often complained about by the general US public as "red tape." Clearances and paperwork are put in place to be able to track Federal employee actions and ensure that work is done ethically and corruption is minimized

For instance, as an oversimplified but useful example, why do a minimum of 4 people need to be involved in purchasing one item in government? Simply put, they don't. But in order to minimize waste/fraud/abuse, requiring a different person to request, authorize, purchase and deliver the item makes it more difficult to steal compared to having one person do all four. This happens in almost every clearance process within the federal government.

These items are the major tools for govt checks and balances outside of your standard high school government class.

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Wiki User

7y ago

Today Trump signed an executive order for something, but the order was against the constitution so it will go to the court before it can be implemented. This is an example of the judicial system blocking the power of the president.

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Kel'von Cooper

Lvl 2
2y ago

the supreme court can rule executive order unconstitutional

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Zelda Heidenreich

Lvl 1
2y ago
how do you know?
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Namond Parker

Lvl 1
1y ago
ha it was right tho

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Wiki User

11y ago

can declare acts of legislature unconstitutional

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Q: Which of the following are ways in which the legislative branch may exercise its power to check the executive branch?
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