To begin, the judicial branch has the power of ruling and presidential action or law unconstitutional. The other branches does not have the ability to decide if the president's actions are unconstitutional. The decisions of the supreme court are final meaning even if they are the president and their breaking the laws or they do something that breaks the constitution,the supreme court can rule against them. This is something neither the executive or legislative branch has the power to do. The president has to go through the judicial branch to rule super important things that may affect all of America. An example would be, the
The Judicial Branch is the balancing factor of the Government. It is the listener of the people of the US and it decides on all matters regarding the people. It "interprets the nation's law" (World Book 141). Being able to interpret the law gives the Judicial branch a special kind of power. One of which the Executive Branch and the Legislative Branch do not possess. The Judicial branch decides when a law has been broken, to what extent, and how to punish the criminal act. And that is what makes it the strongest branch.
To prevent from one branch of government having all power, and therefore having tyranny, (Madison FP # 47) Checks and Balances was added to the defenses of the constitution. There are three branches of government: Legislative Branch (Congress), Executive Branch (President), and Judicial Branch (The Courts). These three branches work together to check one another to make sure the power is evenly distributed and balanced, hence the name Checks and Balances. The way it works is that the Legislative Branch (Congress) can check the Executive Branch (President) by approving Presidential nominations, being able to override a President’s veto, and can impeach the President, him or her, from office. The Legislative Branch can check the Judicial Branch by having Senate confirm Presidential nominations and by being able to impeach judges and remove them from office. The President can check the Legislative Branch by vetoing Congressional legislation, and can check the Judicial Branch by nominating judges. The Judicial Branch can check the Legislative Branch by declaring laws unconstitutional, and can check the Executive Branch by declaring presidential acts unconstitutional. (Madison FP # 51) All three branches of government work together to make sure no branch is abusing their limited power, by using the system Checks and
The government is divided into three branches. Legislative, Executive, and Judicial. James Madison states in his Federalist papers, “Liberty requires that the great departments of powers should be separate and distinct.” Legislative writes the laws for and consists of the House of Representatives and Senate. Executive branch passes the laws the legislative branch makes and the President is the head of this branch. Judicial branch decides if laws are constitutional or not and consists of the Supreme Court. This keeps one branch from getting too much power.
The Judicial branch is the court system that interprets the laws in route to being passed. In the United States, the judicial branch of government incorporates the Supreme Court and the lower courts which are made up by members of Congress. Article 3 describes the Judicial Branch and how the Judicial system includes one supreme court. When there is a case that is really important and they cannot agree upon a single decision, then the case is passed on to the supreme court.
Each branch in the government has a little bit of control over each other making sure not one branch gets out of hand. The president can veto congressional legislation and the president nominates judges for the courts. The Judicial branch can declare presidential acts unconstitutional and can declare laws unconstitutional as well. The Legislative branch can approve Presidential nominations, override a President’s veto, remove him or her from office, and the senate confirms the President's nominations, Congress can impeach judges and remove them from office(Doc
In order for one to understand American Constitutional law, one must first look to the Constitution; and therefore, look to the federal government established in the Constitution. The federal government is purposefully divided into three branches: the legislative branch that makes the laws, the judicial branch that interprets the laws, and the executive branch that puts the laws into effect. Article VI, Clause 2, sets up the Constitution as “the supreme Law of the Land;” and therefore, legislators, judges, and presidents must comply with the standards set in the Constitution. Judges, then, have the function to interpret what the Constitution means and have the responsibility to ensure laws adhere to the Constitution. Thereby, the
These three branches of government include the Legislative Branch, the Executive Branch, and the Judicial Branch which all have separate powers. While the Legislative Branch has the power to make laws, the Executive Branch has the power to put the laws into action. The Judicial Branch meanwhile is made up of courts which interpret the laws and apply them in cases brought before them. Although these branches have their own powers, they are also able to prevent the other branches from having excessive power through what is known as checks and balances. As Madison writes in “Federalist Paper #51” (Document C), “The constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other… the three branches should not be so far separated as to have no constitutional control over each other.” Each branch has a different method of keeping the other branches in check. While the Executive Branch can manage the laws made by the Legislative Branch by vetoing Congressional legislation, the Legislative Branch can override a President’s veto and additionally impeach the president. The Legislative Branch can also impeach judges and remove them from office in the Judicial Branch, which can in turn declare laws made by the Legislative Branch as unconstitutional. The Executive Branch can control the Judicial Branch by nominating
The Judicial Branch was created by the Article Three of the Constitution, and it is unique because it is interconnected with the Executive Branch and at the same it is able to check the Executive Branch. The Executive and Judicial Branches are interconnected because the Judicial`s members are appointed by the President of the US, and by this they are in someway controlled by the Executive. However, the Judicial Branch still controls the Executive Branch by the Checks and Balances System, which ensures that the Supreme Court has the power of Judicial Review, this means it can overturn laws that are considered unconstitutional, making sure that the Executive acts follows the United States Constitution. With the Checks and Balances System, both
Legislative branch checks and control the judicial branch. The Congress has some control over the judiciary and can limit the judicial review. In Article III of the Constitution is given the power of the Congress to organize the Court, write new laws, and amend the Constitution with ¾ of the state legislature. If the Congress disagrees with judicial interpretation of the Constitution, Congress can create a new law and replace the old one.
The Constitutions balance between the three branches is out dated. It can sometimes be at balanced but there are loopholes that the three branches can pass by.
Court which is consisted of nine justices. The judicial branch decides on the meanings of the laws and whether laws break the rules of the constitution. The judicial checks on executive and legislative. The judicial can check executive by declaring executive actions unconstitutional and one example of a federal court in Pennsylvania declared aspects of President Obama’s executive actions on immigration policy unconstitutional. The judicial can also check on legislative branch by declaring acts of Congress unconstitutional. One example is
Originally, the legislative branch would make laws, the executive branch would enforce laws, and the judicial branch would interpret the laws. (Lenz, Holman p38) Each system would be separate but share in the power at the same time. All branches could operate on their own, but at the same time, each of the branches could halt the other. The different aggregates all have a unique set of restrictions it can place on the other. Recently President Obama vetoed a bill from congress that would limit money taxpayers spent on former Presidents (Emily Shah, 2016) a perfect example of the executive branch checking the legislative branch. However, if the House of Representatives and the Senate chose to do so the two together could override the President’s veto with a two-thirds vote where by the legislative branch would be checking the executive
THE JUDICIARY-It is given the power to interpret laws thus it has the following checks over the executive; once the judges are appointed for ;life they are free from the control of the executive branch and determines whether the law is unconstitutional or not. Checks over the legislative branch, courts can judge legislative acts to be unconstitutional.