How does the Legislative Branch check the Judicial Branch?

Answer 1

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.

Answer 2

How the Legislative Branch checks the Judicial Branch

• Senate approves federal judges, including Supreme Court justices (Nomination Clause)
• Impeachment power (House)
• Trial of impeachments (Senate)
• Power to initiate constitutional amendments
• Power to set courts inferior to the Supreme Court
• Power to set jurisdiction of courts (they can tell a court that they can not hear a case on a certain topic, which includes changing the appellate jurisdiction of the Supreme Court)
• Power to alter the size of the Supreme Court (if the size is drastically increased the President may select all the new justices and change the sway of power)

Answer 3

The Legislative branch checks the power of the Judicial branch by proposing amendments to overturn court decisions, creating lower courts, impeaching and removing justices, and rejecting appointments.

• Senate approves federal judge, including Supreme Court justices
• Impeachment power (House)
• Trial of impeachments (Senate)
• Power to initiate constitutional amendments (to undo supreme court decisions)
• Power to set courts inferior to the Supreme Court
• Power to set jurisdiction of courts (they can tell a court that they can not hear a case on a certain topic)
• Power to alter the size of the Supreme Court (if the size is drastically increased the President may select all the new justices and change the sway of power)

Answer 4

A Legislative 'check' against the Judicial Branch is that Federal Judges are confirmed (become seated Judges) by the Senate. Another is not exactly a check but, if the Federal Courts strike-down a law (invalidate it by finding that it is not Constitutional) Congress can recreate and pass a similar law. They just have to fix whatever problems the Federal Courts found with the previous law. I think that another check is that if a Federal Judge is to be impeached, the House of Representatives drafts and approves the articles of impeachment (the charges or grounds for impeachment) and the Senate hears the impeachment trial and rules on the articles of impeachment.

Some Legislative checks on the Executive Branch are that Congress approves funding for all Federal expenditures, so they approve the budgets for all the Executive agencies and departments, and funds any Presidential initiatives. The Senate also confirms Presidential nominations and appointments, such as Cabinet Department heads. Congress also must approve many Presidental acts, like declarations of war. Another is that if the President vetoes, or doesn't sign, a bill passed by Congress, Congress can override the veto by a super-majority vote (I think 2/3rds majority vote).

Answer 5

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.

Answer 6

It can say that a law goes against the Constitution.

Answer 7

The judicial branch can declare laws unconstitutional or constitutional.

Answer 8

Because courts may declare acts to be unconstitutional

Answer 9

The judicial branch can declare laws passed by Congress unconstitutional.