The judicial branchis responsible for interpreting all laws, including statutes, codes, ordinances, and the federal and state constitutions. This power is all encompassing and is the basis for judicial review, referenced in Introduction to Criminal Law. It allows the judicial branch to invalidate any unconstitutional law in the statutory source of law and also to change the federal and state constitutions by interpretation. For example, when a court creates an exception to an amendment to the constitution, it has made an informal change without the necessity of a national or state consensus. The federal judicial branch is headed by the US Supreme Court. Each state’s judicial branch is headed by the highest-level state appellate court. Members of the judicial branch include all judges and justices of every federal and state court in the court system, which is discussed shortly.
Examples of Judicial Branch Checks and Balances
The judicial branch can check and balance both the legislative branch and the executive branch. The US Supreme Court can invalidate statutes enacted by Congress if they conflict with the Constitution. The US Supreme Court can also prevent the president from taking action if that action violates separation of powers. The state courts can likewise nullify unconstitutional statutes passed by the state legislature and void other executive branch actions that are unconstitutional.
|
Government Branch |
Duty or Authority |
Check and Balance |
GovernmentBranch Checking and Balancing |
|
Legislative |
Create statutes |
President can veto |
Executive |
|
Executive |
Enforce statutes |
Congress can override presidential |
Legislative |
|
GovernmentBranch |
Duty or Authority |
Check and Balance |
GovernmentBranch Checking and Balancing |
|
veto by 2/3 majority |
|||
|
Judicial |
Interpret statutes and Constitution |
President nominates federal judges and justices |
Executive |
|
Executive |
Enforce statutes |
Senate can confirm or reject presidential nomination of federal judges and justices |
Legislative |
|
Executive |
Enforce statutes |
Congress can impeach the president |
Legislative |
|
Legislative |
Create statutes |
Courts can invalidate unconstitutional statutes |
Judicial |
|
Executive |
Enforce statutes |
Courts can invalidate unconstitutional executive action |
Judicial |
|
Judicial |
Interpret statutes and Constitution |
Statutes can supersede case law |
Legislative |
KEY TAKEAWAYS
- The three branches of government are the legislative branch, the executive branch, and the judicial branch.
- The head of the federal legislative branch of government is Congress. The head of the state legislative branch of government is the state legislature.
- The Senate represents every state equally because each state has two senators. The House of Representatives represents each citizen equally because states are assigned representatives based on their population.
- The head of the federal executive branch of government is the president. The head of each state executive branch of government is the governor.
- The head of the federal judicial branch of government is the US Supreme Court. The head of each state judicial branch of government is the highest-level state appellate court.
EXERCISES
Answer the following questions. Check your answers using the answer key at the end of the chapter.
- A mayor enacts a policy that prohibits police officers in his city from enforcing a state law prohibiting the possession and use of marijuana. The mayor’s policy specifically states that within the city limits, marijuana is legal to possess and use. Which constitutional principle is the mayor violating? Which branch of government should check and balance the mayor’s behavior in this matter?
- Read YoungstownSheet & TubeCo. v. Sawyer, 343 U.S. 579 (1952). InYoungstown, President Truman seized control of steel mills to avert a strike, using his authority as commander in chief of the armed forces. President Truman wanted to ensure steel production during the Korean War. Did the US Supreme Court uphold President Truman’s action? Why or why not? The case is available at this link: http://supreme.justia.com/us/343/579/.
- Read Hamdi v. Rumsfeld, 542 U.S. 507 (2004). In Hamdi, the US Supreme Court reviewed the US Court of Appeals for the Fourth Circuit’s decision prohibiting the release of a US citizen who was held as an enemy combatant in Virginia during the Afghanistan War. The citizen’s detention was based on a federal statute that deprived him of the opportunity to consult with an attorney or have a trial. Did the US Supreme Court defer to the federal statute? Why or why not? The case is available at this link: http://scholar.google.com/scholar_case?case=6173897153146757813&hl=en&as_sdt=2&as_vis=1&oi=scholarr
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