How does the judicial branch check on the other 2 branches?

Answer 1

The US Constitution established a tripartite (three-part) government for the United States. In this system, power is divided between three branches - Executive, Legislative and Judicial - with each branch holding primary authority (called "Separation of Powers") over a major function of government. In order to prevent any single branch from becoming too dominant and disrupting the balance of power, the Founding Fathers devised a system of "checks and balances," or actions the branches can take to hold each other "in check."

Executive branch (President, cabinet, etc.)

Legislative branch (Congress: the Senate and House of Representatives)

Judicial branch (US Supreme Court and federal court system)

Executive branch checks against the Judicial branch

• Power to nominate Supreme Court justices and Article III federal judges
• Ability to pardon

Legislative branch checks against the Judicial branch

• Senate confirms or rejects Supreme Court justices and federal judges
• Impeachment power (House)
• Trial of impeachments (Senate)
• Initiate constitutional amendments
• Create courts inferior to the Supreme Court
• Able to set and change the jurisdiction of courts (including the Supreme Court, within limits)
• Change the size of the Supreme Court

For more information, see Related Questions, below.

Answer 2

The Judicial Branch uses judicial review to evaluate Acts of Congress and Presidential Executive Orders to determine if they adhere to constitutional principles. This power is not unlimited. No court can consider the constitutionality of a law unless the law is a relevant part of a "case or controversy" before the court. If the US Supreme Court determines a law is unconstitutional, it becomes nullified and unenforceable.

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 3

The Judicial branch is a sort of (or is supposed to be) watch dog for the Constitution. The Constitution being our highest civil law and ultimate authority on all matters of government, they are supposed to watch and see that the congress does not attempt to pass laws or sign treaties that go against the Constitution. This is how they keep an eye on Congress. It is termed Judicial review when the Judiciary takes a look over a new law passed to see if it has issues. The Judiciary does a very similar task with the Executive branch or the President (in a state it is the governor) when they check over the President's policies and executive orders.

Answer 4

Any law passed passed by the Legislative Branch (Congress) and enacted (put into effect) by the Executive Branch (Presidency) can be appealed to the courts (Judicial Branch) which, upon review, can declare such law unconstitutional. Federal judges can also rule that Presidential executive orders and directives are illegal and/or unconstitutional.

Answer 5

the judicial branch checks the legislative branch by ruling a law passed by congress as unconstitutional. the judicial branch checks the executive branch by ruling the presidents acts as unconstitutional.

Answer 6

The Judicial branch uses its power of Judicial review to make sure that legislation passed by Congress is constitutional, and watches to make sure what the president does is legal.

Answer 7

executive - pardon

legislative - initiate constitutional amendments

legislative - set court jurisdiction

Answer 8

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