Eleanor Finch
The federal judiciary branch, headed by the Supreme Court, has the power to decide whether an action is constitutional. The Supreme Court is separate from the legislature (Congress) and the executive (the President). The Court's power of judicial review allows it to declare a Legislative or Executive act in violation of the Constitution. This power is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison in 1803. The Supreme Court has original jurisdiction over certain cases, such as suits between two or more states, and appellate jurisdiction over almost all other cases involving constitutional or federal law. The Court's decisions can have a profound impact on society, ensuring that the government recognizes the limits of its power and protecting civil rights and liberties.
| Characteristics | Values |
|---|---|
| Branch of government | Judicial branch |
| Powers | Judicial review, interpretation of the Constitution, ensuring each branch of government recognizes the limits of its power, protecting civil rights and liberties, and setting limits on democratic government |
| Jurisdiction | Original jurisdiction over certain cases (e.g., suits between states, cases involving ambassadors); appellate jurisdiction over almost any other case involving constitutional or federal law |
| Structure | Three-level federal court system: trial courts, courts of appeals, and the Supreme Court |
| Number of federal judges | Around 800 |
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What You'll Learn
- The US Constitution divides the government into three branches: legislative, executive, and judicial
- The legislative branch makes laws, but the executive branch can veto them
- The judicial branch interprets laws and decides if they are constitutional
- The Senate confirms the President's nominations for judicial positions
- Congress can impeach judges and remove them from office
The US Constitution divides the government into three branches: legislative, executive, and judicial
The US Constitution divides the government into three branches: the legislative, executive, and judicial. The legislative branch, or Congress, is responsible for making laws and consists of the House of Representatives and the Senate. All legislative power in the government is vested in Congress, which means that only this branch can create or change laws. Congress also has the power to declare war, confirm or reject Presidential appointments, and conduct investigations.
The executive branch is headed by the President, who can veto bills passed by Congress. However, Congress can override a veto with a two-thirds majority vote in both the House of Representatives and the Senate. The President also has the power to issue executive orders, which are directives to executive branch agencies and officials. While the President is generally responsible for executing policies devised by Congress, there is an ongoing debate about whether the President has substantive policymaking powers as well.
The judicial branch, established by Article III of the Constitution, is responsible for interpreting the law and ensuring that all branches of government respect their limits. The Supreme Court, established by Article III, is the highest court in the land and has the power of judicial review, which means it can declare acts of Congress or the executive branch unconstitutional. The federal judiciary, including the Supreme Court, was established in 1789 and today consists of trial courts, courts of appeals, and the Supreme Court.
The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison (1803). In this case, the Court held that an Act of Congress contrary to the Constitution could not stand, as the Constitution is the supreme law of the land. The Court's power of judicial review is essential for upholding civil rights and liberties and ensuring that the majority cannot pass laws that harm or take advantage of minorities.
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The legislative branch makes laws, but the executive branch can veto them
The US Constitution establishes a system of checks and balances among its three branches of government: the legislative, executive, and judicial branches. The legislative branch is responsible for making laws, but its power is balanced by the executive branch, led by the President, which can veto those laws.
The legislative branch, comprising the House of Representatives and the Senate, is responsible for proposing, drafting, and enacting laws. Once a bill passes both houses of Congress, it is presented to the President for approval. The President has the power to veto legislation, preventing it from becoming law unless two-thirds of both the House and the Senate vote to override the veto. This process is known as a ""Presidential Veto"" and allows the executive branch to check the power of the legislative branch.
However, the legislative branch can also check the power of the executive branch. If the President vetoes a bill, Congress can reintroduce it and enact it again, bypassing the President's veto. Additionally, the legislative branch has other checks on the executive, including the power to approve Presidential nominations, control the budget, and impeach the President.
The judicial branch, composed of the federal courts, also plays a crucial role in checking the power of both the legislative and executive branches. The judiciary interprets the laws and applies them to specific cases, ensuring that the actions of both branches are consistent with the Constitution. The courts can strike down laws and executive actions that are deemed unconstitutional, providing another layer of oversight in the system of checks and balances.
While the legislative branch initiates the law-making process, the executive branch can veto those laws, and the judicial branch can review their constitutionality. This separation of powers and system of checks and balances were intentionally established by the Founding Fathers to protect against the concentration of power in any one branch of government.
Although Alexander Hamilton described the judiciary as "the weakest" branch due to its lack of influence over the "sword or the purse", the judicial branch's power of judicial review gives it a significant role in interpreting and upholding the Constitution. The complex interplay between these branches ensures a balanced and democratic system of governance.
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The judicial branch interprets laws and decides if they are constitutional
The US Constitution establishes three separate branches of government: the legislative, the executive, and the judicial. The judicial branch, which comprises federal courts, is responsible for interpreting laws and determining their constitutionality. This power of judicial review ensures that each branch of government respects its limits and that civil rights and liberties are protected.
Article III of the Constitution establishes the judicial branch and its powers. It states that the "judicial power of the United States shall be vested in one Supreme Court and such inferior courts as the Congress may from time to time ordain and establish." The Supreme Court is thus separate from the legislative and executive branches, and its primary role is to interpret the law and ensure that it is applied fairly and equally to all.
The federal court system has three levels: trial courts, courts of appeals, and the Supreme Court. These courts are responsible for interpreting the law and ensuring that it is applied consistently and fairly. They hear cases and resolve controversies by interpreting the relevant laws and applying them to the facts of each case. This process is known as judicial review, and it applies to laws passed by Congress, actions taken by the President, and policies implemented by the executive branch.
The power of judicial review allows the judicial branch to strike down laws, official actions, or policies that are inconsistent with the Constitution. This power was established in the landmark case of Marbury v. Madison (1803), where the Supreme Court held that an Act of Congress contrary to the Constitution could not stand. The Court's interpretation of the Constitution is crucial, as it determines the boundaries of each branch's authority and protects the rights and liberties of the people.
While the judicial branch has the power to interpret the law, it is not without its critics. Some argue that the power of judicial review gives the courts too much influence over the shape of government. This concern highlights the ongoing debate about the appropriate role of the judiciary in interpreting and reviewing the actions of the other branches of government.
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The Senate confirms the President's nominations for judicial positions
The US Constitution establishes and empowers the judicial branch of the national government. The first sentence of Article III reads: "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 article confirms that the Supreme Court is separate from the legislature (Congress) and the executive (the President).
The Senate has the power to confirm or reject the President's nominations for judicial positions, including the Supreme Court. Historically, the Senate has deferred to the President's choices, often confirming appointments within days of nomination. However, senators have exercised their right to reject nominees whose political views do not align with theirs. For example, in 1795, John Rutledge was the first judicial nominee to be formally rejected due to his criticism of the Senate's approval of the Jay Treaty.
The Senate has also rejected nominees based on their unpopularity, such as Alexander Wolcott in 1811, who was rejected due to his enforcement of the Embargo Act of 1807. Over the 19th century, the Senate rejected nearly a third of all Supreme Court nominees. From the 1860s onwards, the Senate routinely referred nominations to appropriate committees for review, especially in cases of alleged misconduct.
In the 20th century, the confirmation process became more rigorous, with nominees appearing before the Judiciary Committee for public hearings. Between 1968 and 1972, four out of ten Supreme Court nominations were either rejected by the Senate or withdrawn by the President. Notable examples include President Nixon's nominees Haynsworth, Jr., and G. Harrold Carswell, who faced accusations of bias.
While the Senate has the power to confirm or reject nominees, the federal judiciary independently assesses the constitutionality of legislation and executive actions. Federal courts have the authority to review and strike down laws, official actions, and executive orders that are inconsistent with the Constitution. This power of judicial review acts as a check on the legislative and executive branches, ensuring that their actions align with the "supreme Law of the Land."
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Congress can impeach judges and remove them from office
The US Constitution states 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 means that the Supreme Court is separate from both the legislature (Congress) and the executive (the President). Congress has the power to decide what other federal courts exist, and it established a federal judiciary, including the Supreme Court, in 1789.
Congress can impeach and remove federal judges from office. Under Article I of the US Constitution, the House of Representatives has the power to impeach, and the Senate has the power to hold a trial and determine whether removal is appropriate. A judge may be impeached following a simple majority vote in the House, but they can only be removed from office following a trial and a two-thirds majority vote in the Senate.
The US Constitution does not provide clear guidance on what offences constitute grounds for impeachment, beyond "treason, bribery, or other high crimes and misdemeanors". Impeachment has historically been reserved for cases of serious ethical or criminal misconduct. For example, in 2009, the House impeached US District Court Judge Samuel B. Kent on charges of sexual assault, obstructing an official proceeding, and making false statements.
In some states, the trial following impeachment is conducted by a court of state officials and/or state judges, and the number of votes required to impeach or convict may differ.
The independence of the judiciary is meant to protect its ability to uphold the law, even when doing so is unpopular. However, critics of the Constitution have argued that the power of judicial review gives the courts too much power over the government.
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Frequently asked questions
The judicial branch, which includes the Supreme Court, interprets laws and decides whether an action is constitutional.
The legislative branch, which includes the House of Representatives and the Senate, makes laws.
Yes, the President in the executive branch can veto the legislative branch's laws. However, Congress can override a veto with a two-thirds vote in both the Senate and the House of Representatives.
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