Title: How does the judicial branch check the other branches? - eNotes.com
Headings: How does the judicial branch check the other branches?
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How does the judicial branch check the other branches?
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Content: Over two centuries after Marbury, judicial review remains a highly contentious power. Some have argued that it is flagrantly undemocratic, as it represents the will of an unelected body of judges prevailing over the will of the majority. For instance, even if a particular piece of legislation enjoys widespread support both in Congress and among the American people at large, it can still be struck down by the Supreme Court if it is deemed to be unconstitutional. Despite such controversy, however, it seems that the crucial role that the judiciary plays in enforcing the system of checks and balances means that the power of judicial review is here to stay for the foreseeable future. Last Updated by eNotes Editorial on February 12, 2021
Greg Jackson, M.A.
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The Judicial branch has the ability to check the Legislative branch and the Executive branch by interpreting laws and actions and determining whether or not they violate or conform to the Constitution. This mechanism is known as judicial review. If Congress passes a law or the President issues an executive order that a party feels is a violation of constitutional rights, they may sue. If the courts (an essential part of the Judicial branch) take up the case, they can then decide whether or not the law or order is constitutional. If the courts decide that it is in violation of the Constitution, then the law or order is struck down. This is a powerful check on the other branches, especially when the decision is made by the Supreme Court.