Simone Lawson
The US Constitution divides the federal government into three branches: legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts, while the executive branch includes executive departments, independent agencies, and other boards, commissions, and committees. The Supreme Court plays a crucial role in the constitutional system of government, as it is the highest court in the land and the court of last resort for those seeking justice. It also has the power of judicial review, which allows it to review the constitutionality of legislation enacted by Congress and the actions of the executive branch. This power helps to define the scope of presidential powers and serves as a check and balance on the other branches of government. The Supreme Court also interprets the Constitution and ensures that each branch of government recognizes the limits of its power.
| Characteristics | Values |
|---|---|
| Judicial Branch includes | Supreme Court and other federal courts |
| Executive Branch includes | Executive departments, independent agencies, boards, commissions, and committees |
| Supreme Court's role | Highest court in the land, court of last resort, and protector of civil rights and liberties |
| Supreme Court's power | Judicial review, ensuring each branch recognizes its own power limits, and setting limits on democratic government |
| Supreme Court Justices | Appointed by the President and confirmed by the Senate; typically hold office for life |
| Executive orders | Issued by Presidents on a variety of subjects, including public lands, military matters, economic crises, and civil rights |
| Judicial Review of Executive Orders | Courts determine if the President has exercised legislative power; can strike down orders if the President lacked authority or if they are unconstitutional |
| Federal Judiciary's role | Reviews constitutionality of legislation enacted by Congress |
| Federal Court Review | Helps define the scope of presidential powers and serves as a check and balance |
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What You'll Learn
Presidential powers and their limits
The President of the United States is the head of state, the leader of the federal government, and the Commander-in-Chief of the armed forces. The President is responsible for implementing and enforcing the laws written by Congress. The President also has the power to negotiate and sign treaties, which must be ratified by two-thirds of the Senate.
The President's powers are at their peak when they have direct or implied authorisation from Congress to act. Their powers are at their weakest when they act against the expressed wishes of Congress.
The President has the power to issue executive orders, which are written directives with similar power to federal law. These orders direct executive officers or clarify and further existing laws. Executive orders cannot create new statutes, but they can tell federal agencies how to implement a statute. For example, an executive order can tell the Department of Justice whether prosecuting certain drug cases is a priority.
Executive orders cannot override federal laws and statutes. They are also subject to judicial review, where courts determine whether the President has exercised legislative power belonging only to Congress. Courts may strike down executive orders if the President lacked the authority to issue them or if they are found to be unconstitutional.
The President also has the power to appoint the heads of federal agencies and high court appointees, such as federal judges, ambassadors, and other federal offices. The President can grant reprieves and pardons for offences against the United States, except in cases of impeachment.
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Judicial review of executive orders
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts. The judicial power extends to all cases in law and equity arising under the Constitution and the laws of the United States.
Federal court review of executive orders is a crucial aspect of the relationship between the executive and judicial branches. The Marbury v. Madison case in 1803 confirmed that federal courts have the authority to review the actions of the executive branch. This review often concerns the actions of administrative agencies, and the judiciary may assess the validity of formal directions issued by the president to executive branch agencies and officials, typically in the form of executive orders.
Executive orders are frequently issued during times of war or national crisis, when presidents may seek to exercise broader powers to prosecute the war or protect national security. These orders can be challenged in court on specific statutory and constitutional grounds. Courts may strike down executive orders if the president lacked the authority to issue them or if the substance of the order is found to be unconstitutional.
In recent years, there has been a rise in litigation aimed directly at the president, challenging a wide range of presidential orders. This new form of litigation involves immediate legal challenges to the presidential orders, with the president named as a defendant. This has created a host of complex and unsettled legal issues for courts and litigants to navigate, including questions of justiciability, deference, and remedies.
The Supreme Court has generally been cautious when reviewing presidential power and has rarely struck down executive orders. However, it can overturn unconstitutional laws, serving as a check on executive power and upholding the separation of powers between Congress and the executive branch.
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The Supreme Court's role in the constitutional system
The Supreme Court is the highest court in the United States, and as such, it plays a crucial role in the constitutional system of government. Firstly, it serves as the court of last resort for those seeking justice, hearing cases on appeal from lower courts. This appellate jurisdiction extends to a wide range of cases, including those involving constitutional and federal law, treaties, and admiralty cases.
Secondly, the Supreme Court holds the power of judicial review, which allows it to review the constitutionality of acts by the legislative and executive branches. This power is not explicitly mentioned in the Constitution but has been established through landmark cases such as Marbury v. Madison in 1803. The Court can declare acts of Congress or the President unconstitutional and protect the rights and liberties of citizens by striking down laws that violate the Constitution.
Thirdly, the Supreme Court helps maintain a system of checks and balances. It can curb the powers of the President by reviewing executive orders and ensuring they do not exceed constitutional limits. The Court can also invalidate laws passed by popular majorities if they infringe on the rights of minorities, thus preserving fundamental values such as freedom of speech and religion.
Additionally, the Supreme Court's interpretation of the Constitution has evolved over time, and its decisions have had a significant impact on society. The number of justices on the Court has varied, but since the Civil War, it has been fixed at nine, including one Chief Justice and eight Associate Justices. These justices are appointed by the President and confirmed by the Senate, serving for life with protected salaries to ensure judicial independence.
In summary, the Supreme Court's role in the constitutional system is multifaceted. It serves as the final arbiter of justice, interpreter of the Constitution, protector of civil liberties, and guardian of the system of checks and balances, ensuring that each branch of government respects its limits and that the rights of all Americans are upheld.
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Congress' authority over the Supreme Court
The Constitution of the United States divides the federal government into three branches: the legislative, executive, and judicial. The judicial branch includes the Supreme Court and other federal courts.
Article III, Section I of the Constitution establishes the federal judiciary, stating that "The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." This permits Congress to decide how to organize the Supreme Court. Congress first exercised this power in the Judiciary Act of 1789, which created a Supreme Court with six justices and established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of ten.
Article III, Section II of the Constitution establishes the jurisdiction of the Supreme Court, outlining its original and appellate jurisdiction. The Court has original jurisdiction over certain cases, such as suits between two or more states and cases involving ambassadors and other public ministers. It has appellate jurisdiction on almost any other case that involves a point of constitutional and/or federal law.
Congress has the power to regulate the Supreme Court's ethics and has played a central role in establishing ethical conduct guidelines for justices. This includes requiring justices to take an oath written by Congress, setting the terms for retirement and compensation, and enacting ethics legislation to safeguard the legitimacy of the Court. Congress also has the power to impeach and remove justices for bad behavior.
Additionally, Congress can curb the power of the Supreme Court by defining the jurisdiction of inferior federal courts and withholding jurisdiction over certain cases and controversies outlined in Article III. The Judiciary Act of 1789, for example, included provisions relating to the times and places for holding court, even for the Supreme Court, as well as times of adjournment, appointment of officers, and issuance of writs.
While the Supreme Court has the power of judicial review and can overturn unconstitutional laws, Congress can also respond to the actions of the judicial branch through the system of checks and balances. Congress confirms or rejects the president's nominees for Supreme Court justices and can remove the president from office in exceptional circumstances.
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The executive branch's structure
The US Constitution divides the federal government into three branches: the legislative, executive, and judicial. The executive branch is headed by the president, who is the head of state, leader of the federal government, and Commander in Chief of the armed forces. The vice president supports the president and assumes their role if they are unable to serve. The executive branch also includes executive departments, independent agencies, and other boards, commissions, and committees.
The line between legislative and executive power is not always clear. Presidents since George Washington have issued executive orders on a wide range of subjects, including public lands, military matters, economic crises, and civil rights. For example, Abraham Lincoln’s Emancipation Proclamation of 1863 and Harry Truman’s desegregation of the armed forces in 1948 were both substantial policy changes made through executive orders.
The power dynamics between the executive and legislative branches have long been a matter of dispute. The Constitution vests legislative power in Congress, but it is unclear whether the president has the power to make substantive policies or only execute those devised by Congress. As a result, courts must sometimes determine whether the president has exercised legislative power that should be reserved for Congress. The judiciary's review of executive orders helps define the scope of presidential powers and is a key aspect of the system of checks and balances.
The Supreme Court, established by the Constitution, plays a crucial role in this system. While Congress decides how to organize the Court, the Court has the power of judicial review, or the ability to declare acts of the executive or legislative branches unconstitutional. This power helps ensure that each branch recognizes the limits of its authority. The Court also protects civil rights and liberties and sets limits on democratic government to safeguard fundamental values.
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Frequently asked questions
The Supreme Court is the highest court in the land and plays a vital role in the constitutional system of government. It serves as the court of last resort, ensuring each branch of government recognizes its power limits and protects civil rights and liberties.
The Supreme Court has the power of judicial review, which allows it to declare acts of Congress or the Executive Branch unconstitutional. This power is not explicitly mentioned in the Constitution but has been established through landmark cases like Marbury v. Madison (1803).
Yes, the Supreme Court's interpretations can be challenged through a petition for a writ of certiorari. The Court then decides whether to review its decision. Additionally, in cases of conflicts between state and federal laws, the United States Supreme Court may be appealed to.
The Executive Branch, led by the President, has issued executive orders to direct various activities. While most orders deal with administrative matters, some, like the Emancipation Proclamation, have made significant policy changes. The scope of these powers is often reviewed by the judiciary to ensure they do not violate the Constitution.
The Judicial Branch includes not only the Supreme Court but also other federal courts. Federal courts review the constitutionality of laws and executive orders, ensuring that they do not violate the Constitution or overstep their bounds.
