What power does the federal courts have to check and balance the other two branches?
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Not everyone agrees on how much power the judicial branch should have. After all, federal judges and justices are appointed, not elected. As most Americans believe in democracy, shouldn't elected officials run the country? On the other hand, perhaps American government would be fairer if judges had even more power. Because they do not have to worry about reelection, they are relieved of the outside pressure of public opinion. After all, the majority is not always right. It is no accident that the Founders provided for elected officials in the legislature and appointed officials in the judiciary. They believed that freedom, equality, and justice are best achieved by a balance between the two branches of government. Checks on Judicial PowerAlthough the Supreme Court ruled in favor of the Cherokee, its decision was not enforced. Nearly 4,000 Cherokee died on the Trail of Tears as a result of the Indian removals. The president and Congress have some control of the judiciary with their power to appoint and confirm appointments of judges and justices. Congress also may impeach judges (only seven have actually been removed from office), alter the organization of the federal court system, and amend the Constitution. Congress can also get around a court ruling by passing a slightly different law than one previously declared unconstitutional. Courts also have limited power to implement the decisions that they make. For example, if the president or another member of the executive branch chooses to ignore a ruling, there is very little that the federal courts can do about it. For example, the Supreme Court ruled against the removal of the Cherokee from their native lands in 1831. President Andrew Jackson disagreed. He proceeded with the removal of the Cherokee, and the Supreme Court was powerless to enforce its decision.
The Power of the CourtsWill Counts/AP The 1954 Supreme Court decision in Brown v. Board of Education of Topeka regarding integration of schools was not enforced until three years later, when Central High School in Little Rock, Arkansas, was integrated. Elizabeth Eckford, one of the first African American students to attend Central, was heckled on her way to school each morning. The federal courts' most important power is that of judicial review, the authority to interpret the Constitution. When federal judges rule that laws or government actions violate the spirit of the Constitution, they profoundly shape public policy. For example, federal judges have declared over 100 federal laws unconstitutional. Another measure of the Supreme Court's power is its ability to overrule itself. In 1954, the Supreme Court ruled in Brown v. Board of Education of Topeka that schools segregated by race were unconstitutional. This reversed the 1896 Plessy v. Ferguson decision that upheld the doctrine of "separate but equal." For the most part, though, federal courts do have a great deal of respect for previous decisions. A very strong precedent called stare decisis ("let the decision stand") directs judges to be cautious about overturning decisions made by past courts.
Judicial Activism versus Judicial RestraintThe lack of agreement regarding the policy making power of courts is reflected in the debate over judicial activism versus judicial restraint. Judicial activists believe that the federal courts must correct injustices that are perpetuated or ignored by the other branches. For example, minority rights have often been ignored partly because majorities impose their will on legislators. Prayers in public schools support the beliefs of the majority but ignore the rights of the minority. The Constitution is often loosely interpreted to meet the issues of the present. In the words of former Justice Charles Evans Hughes, "We are under a Constitution, but the Constitution is what the judges say it is." Supporters of judicial restraint point out that appointed judges are immune to public opinion, and if they abandon their role as careful and cautious interpreters of the Constitution, they become unelected legislators. According to Justice Antonin Scalia, "The Constitution is not an empty bottle....It is like a statute, and the meaning doesn't change." Despite the debate over what constitutes the appropriate amount of judicial power, the United States federal courts remain the most powerful judicial system in world history. Their power is enhanced by life terms for judges and justices, and they play a major role in promoting the core American values of freedom, equality, and justice. QUIZ TIME: The Judicial Branch What is the power to check and balance the other branches of government?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.
What power does the US Supreme Court have to check and balance the other branches of Congress?The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
What are the checks from Supreme Court to the other 2 branches?One component of the system of checks and balances is the Supreme Court's ability to check the actions of the executive and legislative branches through a power called judicial review.
How does each branch of government check the other two branches?Each branch of government can change acts of the other branches: The president can veto legislation created by Congress and nominates heads of federal agencies. Congress confirms or rejects the president's nominees and can remove the president from office in exceptional circumstances.
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