The judicial branch of government is made up of the Supreme Court. The Supreme Court is made up of nine justices, eight Associate and one Chief Justice of the United States. If the president of the United States does something that goes against the Constitution and what America stands for, the Supreme Court can rule his actions unconstitutional. This is how the judicial branch checks the executive branch. The process by which it checks the legislative branch is pretty much the same. If the legislature, Congress, were to pass a law that goes against or rejects the Constitution, the Supreme Court will deem it unconstitutional and will not pass it. This ensures that the American people, and even people from other countries, are treated with the
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
The judicial branch of our government is made up of the Supreme Court and other federal courts. The judicial branch has the job to explain the laws of the United States under the Constitution, and decide if laws are constitutional under their power of judicial review. The Supreme Court’s part is to interpret the Constitution and limit the power of the other branches in government.
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
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
James Madison explains, “... Constant aim is to divide and arrange the several offices in such a manner as that they may be a check on the other” (Doc C). The President can check the power of the Supreme Court by nominating judges. The Supreme Court can check on the states by declaring laws on the constitution. Each branch has its own power; the Legislative branch makes laws, the Executive branch enforces laws, and the Judicial branch interprets laws.
According to James Madison in Federalist Paper #51 in Document C it states, “...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.” As Document C shows in the chart, the Legislative Branch checks on the Judicial Branch by having the Senate confirm the President's nominations, and also by allowing Congress to impeach judges and remove them from office. The Judicial Branch checks on the Legislative Branch by allowing the court to declare laws unconstitutional. The Legislative Branch can check on the Executive Branch by allowing Congress to approve, Presidential nominations, override a President’s veto, impeach the President and remove him or her from office. The Executive Branch can check on the Legislative Branch by vetoing a Congressional Legislation. The Executive Branch can check on the Judicial Branch by presenting the President nominates judges. Finally, the Judicial Branch can check on the Executive Branch by allotting the court to declare presidential acts unconstitutional. The check and balance system is yet another way that our nation has steered clear of tyranny. It allows each branch to have the ability to check on one another and make sure that the power is being distributed evenly, and no one group is getting too much power. This is a constitutional factor that has been working since the late 1700’s and early 1800’s, this is the way that it will hopefully stay for generations to
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 federal government, as you know, is made up of 3 branches. The three branches of government are legislative, executive, and judicial. According to page 197 in the history textbook it states, " Our national's judicial power resides in 'one Supreme Court' " this is known as the judicial branch. What the judicial branch does, the political significance of the judicial branch, and the relations with other branches are all important things to know about the judicial branch. The judicial branch is crucial to our government because it can declares actions of legislature unconstitutional.
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
What is the Judiciary branch? The Judiciary branch is the third branch which is made up of courts such as the supreme, circuit, the magistrate and municipal. This branch interprets the laws and the state judges are elected by the citizens rather than being appointed. Alexander Hamilton wrote essays to explain and defend the newly drafted constitution, in 1788, prior to its approval. In Federalist No. 78, Hamilton argues that the judiciary would be the least threatening branch of government because it does not control the military or budget of the nation. In other words, it has no power to act on its own or to enforce what it does. The courts make the ruling only within proper lawsuits such as cases and controversies in the United States Constitution. Even if a law is passed by congress that is unconstitutional, the court
According to the constitution of the United States the federal government is divided up into three branches to ensure an equal and balanced government and to make sure that no one or branch of government has too much power. The three branches are the legislative branch, executive branch, and the judicial branch. Each branch serves different purposes in the United States federal government and each branch is made up of different federal government employees. For example, the legislative branch make the laws. The legislative branch has the power to impeach the U.S. President and declare war. The legislative branch is made up of U.S. Congress which include the Senate and House of Representatives. Then there’s the executive branch which carry
The federal government, as stated before is divided into three branches: the legislative, executive and judicial. The federal constitution lays out the powers of these branches, however vaguely. The executive branch is made up of one president that is decided by an electoral college. The legislative branch is divided into two, the House of Representatives and the Senate. The president’s and congress’s powers are described in broad terms, causing issues among different interpretations. This forces the third branch, the judicial branch to step in and use their discretion to decide what powers belong to who and if they are legal. The Supreme Court is made up of one Chief Justice and eight Associate Justices who all hold office for
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
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 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