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How can Federal Judiciary check congress and President?

2006-10-10 05:44:11 · 3 answers · asked by Anonymous in Arts & Humanities History

3 answers

Courts check both the executive branch and the legislative branch through judicial review, a concept not written into the Constitution, but envisioned by many of the Constitution's Framers (for example, the Federalist Papers mention it). A court can void a law passed by Congress if by passing that law the legislature exceeded the authority granted to it by the Constitution. Likewise, an act of the President's can be ruled unconstitutional if the Constitution doesn't grant the president the authority to commit such an act.

The Framers designed the three branches of the U.S. government to have their own jobs to do within preset limits. One of the main jobs of the judiciary (especially the appelate courts and the Supreme Court) is to make sure that the other branches of government don't act beyond the powers that they have been delegated.

2006-10-10 21:55:15 · answer #1 · answered by Jacob1207 4 · 1 0

The judicial system checks the legislative and executive offices through case decisions.

If Congress makes a law, or the president, the Supreme Court can override it. Their court decisions set the precident for how those laws will be interpretted, and they also on occassion declare laws unconstitutional.

2006-10-10 05:52:29 · answer #2 · answered by Pink Denial 6 · 0 1

Look at the US Constitution under where it explains the Supreme Court

2006-10-10 06:00:35 · answer #3 · answered by katlvr125 7 · 0 1

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