What is one way the legislative branch checks the power of the judicial branch

How the Supreme Court Works

The Supreme Court is:

• The highest court in the country
• Located in Washington, DC
• The head of the judicial branch of the federal government
• Responsible for deciding whether laws violate the Constitution
• In session from early October until late June or early July

How a Case Gets to the Supreme Court

Most cases reach the Court on appeal. An appeal is a request for a higher court to reverse the decision of a lower court. Most appeals come from federal courts. They can come from state courts if a case deals with federal law.

Rarely, the Court hears a new case, such as one between states.

1. Dissatisfied parties petition the Court for review
   Parties may appeal their case to the Supreme Court, petitioning the Court to review the decision of the lower court.

2. Justices study documents
   The Justices examine the petition and supporting materials.

3. Justices vote
   Four Justices must vote in favor for a case to be granted review.

What Happens Once a Case is Selected for Review?

1. Parties make arguments
   The Justices review the briefs (written arguments) and hear oral arguments. In oral arguments, each side usually has 30 minutes to present its case. The Justices typically ask many questions during this time.

2. Justices write opinions
   The Justices vote on the case and write their opinions.

   The majority opinion shared by more than half of the Justices becomes the Court’s decision.

   Justices who disagree with the majority opinion write dissenting or minority opinions.

3. The Court issues its decision
   Justices may change their vote after reading first drafts of the opinions. Once the opinions are completed and all of the Justices have cast a final vote, the Court “hands down” its decision.

   All cases are heard and decided before summer recess. It can take up to nine months to announce a decision.

Every year:

The Court receives 7,000-8,000 requests for review and grants 70-80 for oral argument. Other requests are granted and decided without argument.

About the Justices:

There are nine Justices:

• A Chief Justice, who sits in the middle and is the head of the judicial branch.
• Eight Associate Justices

When a new Justice is needed:

• The President nominates a candidate, usually a federal judge.
• The Senate votes to confirm the nominee.
• The Court can continue deciding cases with less than nine Justices, but if there is a tie, the lower court’s decision stands.

Justices are appointed for life, though they may resign or retire.

• They serve an average of 16 years.

What are checks and balances of each of the branches of government?

checks and balances are when each branch (legislature, judicial, and executive) checks up on each other. for example; the judicial branch checks on the executive branch to see if what they are doing is constitutional. also, this is how each branch keeps its equal power

Separation of Powers

The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches.

In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.”

Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.”

Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.”

Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.

The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others.

What is one way executive branch checks the power of the judicial branch?

What are 3 ways the legislative branch can check the executive branch?

How can the legislative branch check the power of the executive branch?