The ability to veto bills provides the Executive Branch with a check on the legislative branch. The Executive checks the judiciary by having the authority to nominate judges. The Judicial Branch balances the Executive Branch by having the authority to declare executive acts unconstitutional.
The Judicial Branch checks the Legislative Branch by having the authority to declare legislation invalid. The Judicial Branch also has the power to interpret the Constitution and laws, which includes reviewing executive actions for compliance with the law.
In addition to these powers, the Judiciary has power equal to that of the other two branches to settle disputes between parties. The Judiciary can decide what role it will play in any given case, grant or deny relief requested by a party, issue orders concerning proceedings before it, and send cases back to another body for further action.
The power of the Judiciary to review executive actions for compliance with the law was first articulated in 1944 by then-Attorney General Jackson in a case called Youngstown Sheet & Tube Co. v. Sawyer. In that case, the Supreme Court held that Congress did not have the power under the Commerce Clause to require courts to hear claims arising from the President's decisions to seize property and institute trade sanctions against foreign countries. The Court based this conclusion on its view that such claims were best left to be resolved through ordinary political processes rather than by federal judges acting alone.
By declaring legislation invalid, the judicial branch can check both the legislative and executive departments. Obviously, this is not the entire system, but it is the central concept. Other checks and balances include the executive branch's authority over the judicial branch. The Supreme Court cannot override Congress' refusal to approve a justice, nor can it strike down a law itself. However, it can use its power of judicial review to determine whether a particular law or policy is constitutional. Further, each state has its own government structure with various agencies that can prevent the federal government from running everything. For example, in California, the governor must ask Congress to authorize military action in Iraq; however, he can still issue the orders needed to carry it out.
In conclusion, the judicial branch is responsible for checking the other two branches by declaring their actions unconstitutional. It is also important to note that the three branches are interdependent, which means that they work together rather than against one another. For example, if the legislative branch passes an act that is contrary to the Constitution, then the executive branch can refuse to enforce it. This gives the Congress an opportunity to vote it down next year.
By introducing legislation, preparing an annual budget, convening extraordinary sessions of Congress, and, lastly, vetoing any legislation, the executive branch may hold the legislative branch in check.
However, since the passage of the Congressional Budget Act of 1974, the executive branch has less influence over the legislative process due to a shift in power between the three branches. The main instrument at the disposal of the executive branch for restraining the legislature is now the presidential veto. Other methods include refusing to sign laws into effect or making threats to do so (such as when a president says he will not issue an executive order), but no actual restraint is known to have ever been used by the executive branch.
In addition to these checks and balances, the other two branches are responsible for ensuring that the executive branch acts within its constitutional powers. If the legislative branch passes a law that is contrary to the Constitution, then it can vote to override the executive branch's rejection of the bill by a majority vote in each house. Likewise, if the executive branch engages in activities that are not within its authority, such as issuing orders or regulations that are not supported by law, then the legislative branch can also vote to remove it from office through impeachment.
All federal judges are appointed by the president. The legislative branch must approve the president's appointments; the Senate must approve the president's treaties; and the legislative branch may probe the executive branch.
Balances and checks
Let's look at a few examples of how the legislative and executive branches exercise checks and balances on the judicial branch. To begin, representatives of the executive and legislative branches are elected. These are the persons who serve as our president and members of Congress in the United States. Members of the judicial branch, on the other hand, are appointed. These are the judges that hear cases in federal court and are selected by the president with approval from the Senate.
Another example is that both houses of Congress can refuse to approve new judges. If they do so, the president cannot appoint these individuals. He or she can still make appointments but they will be temporary appointments that will have to be made permanent by subsequent appointments or elections.
The final example of a check and balance on the judiciary is found in the Constitution itself. Specifically, in Article III, Section 2, it states that judges shall hold their offices during good behavior. This means that judges can be removed from office only for misconduct or disability. The idea here is that judges should not be able to wield power over others if they are not held accountable for their actions.
In conclusion, the judicial branch of the U.S. government has many mechanisms available to prevent abuses of power. Including the use of judges, senators, and representatives as safeguards against illegal activities by officials in the executive and legislative branches.
Checks and Balances in the Judicial Branch
| Government Branch | Duty or Authority | Check and Balance |
|---|---|---|
| Executive | Enforce statutes | Courts can invalidate unconstitutional executive action |
| Judicial | Interpret statutes and Constitution | Statutes can supersede case law |
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