The President Can Check and Balance the Judiciary by
Agreement how the United States authorities works is critical to succeeding on the AP The states Government and Politics exam. That includes having a solid understanding about how each piece of the federal government works together. One of the primal components of this is the checks and balances system, which is where each branch of regime checks--or limits--the power of the others. And unfortunately, understanding how those checks piece of work can be a little confusing. That's where this article comes in. Today, we're going to investigate how the executive branch of the U.Southward. regime checks the judicial co-operative. To do this, nosotros'll: And then let's get started! When the United States was founded in 1776, the federal regime--or the government that governs all the states collectively--was divide into three branches with equal power: the executive branch, the judicial branch, and the legislative co-operative. The idea behind splitting the authorities into three separate pieces was to make certain no one expanse of government held as well much power. Call back: the United States broke away from England for many complex reasons, but a major factor was how much power the English government had over the original thirteen colonies. It'due south no surprise, then, that the founding fathers were concerned about making sure that the federal government of the Us didn't go as big and powerful every bit the English language monarchy. Their solution was to create a three-office governing arrangement where each branch could limit the power of the others. This is called a checks and balances system, which you lot can acquire more about in our complete guide. For this article, though, allow'due south have a closer look at two of the three branches of U.S. authorities and see how the executive co-operative can check the judicial branch. The judicial co-operative of the federal government is tasked with interpreting the laws, including Constitutional laws, which are created by the legislative branch. This happens through the court system, where attorneys bring cases before a judge (and sometimes jury). When a judge makes a ruling on a case, they are really interpreting the police force. That means they're reading the laws and determining whether a defendant has actually cleaved them or not. In some federal cases, judges are actually evaluating the laws themselves to determine if they're in violation of the constitution! For example, in the famous case of Brown v. the Lath of Education, the U.S. Supreme Court ruled that laws requiring the racial segregation of schools were unconstitutional. While the U.S. judicial system is vast--there are both land and federal courts, each with different organizational hierarchies--they both operate under the Supreme Court of the Us (or SCOTUS). Agreement what the Supreme Court is and how information technology operates is cardinal to understanding how the executive branch tin check the power of the judicial branch. Y'all may take heard of the Supreme Courtroom referred to as "the highest court in the country." That'due south because it's the only function of the judicial branch that's specifically required by the Constitution, though Congress determines the number of justices that serve as part of the Supreme Court. Currently, the courtroom has ix justices, including ane Chief Justice. The Supreme Court serves every bit the final say on all laws in the United States, and information technology also rules on Constitutional issues, besides. The rulings of the Supreme Court directly touch on how laws are interpreted, enacted, and upheld across the U.s.. Some of the almost famous court rulings take done things like guarantee defendants the right to an attorney, legalized aforementioned-sex wedlock, and invalidated laws preventing interracial marriages. So how does someone become a Supreme Court justice? (This is actually pretty important to agreement the executive-judicial checks and balances system.) Beginning, they have to be nominated past the President, or the executive branch of government. The nominee then has to be approved by the majority vote of the Senate, which is a part of the legislative branch of government. Once appointed, justices serve on the court for the residual of their lives or until they voluntarily retire. But the Supreme Court isn't the only federal court in the Usa. Since the Supreme Court only hears 100 to 150 cases a yr, nigh federal cases are heard and adjudicated--or decided--by the federal appellate courts . When a federal case goes to trial, it is heard in a U.South. District Court. That'due south where prosecutors and defendants phone call witnesses to the stand up, provide testify, and effort to testify their cases. After both sides nowadays their cases, a judge or a jury decides whether the defendant is guilty or not guilty. The defendant, however, has the right to appeal the U.Due south. District Court's decision. When a case is appealed, information technology's heard in appellate courtroom. There are thirteen appellate courts in the Usa . Each of the 12 regional circuits of the federal courtroom system has their own appellate courtroom. The 13th court is known every bit the United States Court of Appeals for the Federal Excursion. Unlike the other appellate courts--which merely adjudicate cases from their regional circuits--the United States Court of Appeals for the Federal Excursion has nationwide jurisdiction. Its job is to hear appeals on topics like patent police, veterans diplomacy, and international trade. So what do the appellate courts practise? Well, information technology'due south the job of the appellate court is to determine the outcome of an entreatment (just as their name implies). Unlike the original trial, which involves hearing testimony and examining prove, the appellate courts don't retry cases or hear new evidence. Instead, the case is reviewed by a panel of iii judges in order to make up one's mind a) whether the defendant received a off-white trial and/or b) whether the correct constabulary was applied appropriately. If a accused wins their appeal--meaning, if the appellate court rules in the accused's favor--the case goes back to trial court to be heard once more. If the appellate court affirms, or upholds, the trial court's decision, however, the original verdict stands. The appellate courtroom is an important part of the federal court organisation, and it helps ensure that people receive fair trials. And just like Supreme Court justices, federal judges--including the appellate court judges--are appointed past the President of the United states. The executive branch of the United states regime is the branch that makes sure the laws of the United States are obeyed. The executive branch is split into three major groups. The first is the presidency, which nosotros'll talk about in more depth in merely a 2nd. The second group is the U.S. Chiffonier, which is a gear up of advisors appointed by the President to aid guide him on issues facing different sectors of the United states of america. The chiffonier is comprised of the Vice President and the heads of the 15 major federal agencies. The tertiary group of the executive branch are the federal agencies themselves, which aid enforce laws in different legal and economic areas of the United States. For instance, the Department of Labor oversees the American workforce, which includes making sure work environments adhere to federal laws (OSHA) and administering federal inability programs for people who are injured and/or no longer able to piece of work (OWCP). But because the President is the head of the executive branch, it gives them the most power to check the judicial branch. So allow's take a quick look at the powers of the United States presidency. The President of the United States has eight major roles within the government of the United states of america. They are: The part that matters well-nigh in terms of the executive branch checking the judicial branch is Principal Administrator because it gives them the power to appoint judges to long-serving positions in the justice organization. After reading the sections above, you've probably realized that the executive branch and judicial co-operative overlap...which is how the branches check each other's power. Don't worry, we're going to get to know how the executive branch checks the judicial branch. But start, we demand to have a short detour to explain how the judicial branch checks the executive branch. This will assist things brand more sense afterward. Since the judicial branch'due south job is to interpret laws, they are constantly weighing in on laws signed into result by the President (through their executive powers). Additionally, the judicial co-operative makes sure that the U.Due south. Constitution isn't being violated. That ways that members and departments of the executive branch--including the President--tin can be sued for violating their constitutional authorization. For instance, when President Trump declared a state of national emergency to endeavor and fund the building of a border wall, a watchdog group named Public Citizen filed a lawsuit against him. Their adjust alleges that President Trump's actions are unconstitutional, and now information technology's the judicial system's job to determine whether that'southward truthful or non. If they rule against President Trump, it will serve as a cheque on his executive powers. Nick Youngson/The Blueish Diamond Gallery It might seem as if the judicial branch has all the power over the executive branch. But that isn't the case! Ane manner the President checks judicial ability is through his ability to engage federal judges. Since the President is the Principal Administrator, it's his job to appoint courtroom of appeals judges, district court judges, and Supreme Court justices. There are more than 870 federal judgeships today, which means the President has their piece of work cut out for them! It likewise gives the President quite a bit of power over how the justice system works. That's because all federal judgeships are life terms, which means that once a judge is appointed, they serve in their position until a) they retire or b) they are impeached and removed from office due to misconduct. In one case a judge leaves function, it'due south the President's job to appoint their replacement. That can really add up--for example, over the course of his presidency, erstwhile President Barack Obama appointed 334 judges, including two Supreme Court justices. Federal judges are an important function of the judicial procedure because they take the power of judicial review , which is the authority to translate the Constitution. When a judge rules on a constitutional consequence, their decision becomes legal precedent. Their ruling will at present serve as the standard past which similar cases are judged. In fact, once a precedent is ready, information technology's uncommon for a court to rule confronting it. When Presidents appoint federal judges, they often consider both a estimate's pedigree--or their qualifications--along with their position on primal political issues. Often, Presidents appoint judges that share their ideas about how laws should work. This helps keep the judiciary in bank check, particularly given that no party has ever held presidential power in the The states for more than 28 years (the Autonomous-Republican Party held the presidency from 1801 to 1829). So how does this check judicial power? It means that Presidents can influence the political leanings of the federal court, and since judges serve a lifetime engagement, they can go along to impact the judiciary process long after a President steps down. For example, Judge George C. Young was appointed every bit a federal trial judge by President John F. Kennedy in 1961...and he served in office until 2015! The President nominates Supreme Court Justices. Justice Sonia Sotomayor was nominated by President Barack Obama. The President's ability to appoint federal judges is especially critical when it comes to the Supreme Court. The Supreme Court only hears around 100 to 150 cases a yr, merely those cases change the ways laws are implemented across the country. For instance, the Supreme Courtroom's ruling on Roe v. Wade in 1973 which made first- and 2d-trimester abortions legal in all l states. That ruling still stands and dictates police force today, despite abortion being a hot-button political issue. Like we mentioned earlier, it's the President's job to nominate justices to the Supreme Courtroom. The President oft nominates judges who align with their political stances on critical issues. Because the Supreme Court is and so powerful, the President's nominations can take lasting impacts on the long-term political leanings of the Court. When the Supreme Court leans more liberal (or more bourgeois), it can impact how the Court rules on cases. For case, with the appointment of Justice Brett Kavanaugh in 2019, the Supreme Court now leans more than bourgeois. The President'south power This effectively checks the judicial organization by ensuring that the makeup of the Supreme Court--and its credo--shifts from time. Every Thanksgiving, the President pardons a turkey. The President likewise has the power to pardon people, too. The last way that the executive branch checks the judicial co-operative is through the power of the pardon. Executive branch officials like land governors and the United states President can overturn convictions past the court. This simply counts in cases where the criminal committed a crime against the state (in the example of a Governor'southward pardon) or against the U.s. (in the case of a Presidential pardon). When a criminal is pardoned, their conviction is completely overturned and their record is expunged. That ways it's as if the offense was never committed in the first identify! This allows the executive branch to check the judicial branch past ensuring that the judicial branch isn't using its power unfairly. A proficient instance of how the pardon power checks the judicial branch is the case of Patty Hearst. Patty Hearst was convicted and sentenced to two years in prison for robbing a bank in 1974. Just Hearst was also suffering from Stockholm Syndrome. She had been kidnapped and brainwashed by a militant organization months before the bank robbery. In 2001, President Nib Clinton granted her a total pardon, which absolved Hearst from any legal wrongdoing. Now that you lot know more about the executive branch, the judicial branch, and the checks and balances organisation, information technology'due south time to get to know the AP U.S. Government test. Here's our introductory guide to the AP U.Due south. Government exam that will help get your exam prep off on the right foot. Non sure what to written report? No problem. Here's a compilation of the best AP U.South. Government notes to become you started. The AP U.S. Government exam has a section called the complimentary response questions, or FRQs. They're essentially short essay responses to prompts, and for many students, they're one of the trickiest parts of the test. That'south why we've broken down how to answer them and earn top marks in our FRQ guide!
The 3 Branches of the United states of america Government
The Judicial Branch: Definition and Explanation
The U.S. Supreme Courtroom
Federal Appellate Courts
The Executive Branch: Definition and Explanation
The Presidency
How Does the Executive Branch Bank check the Judicial Co-operative?
Judicial-Executive Checks on Power
Appointing Federal Judges
Nominating Supreme Court Justices
Pardon Power
What'due south Next?
Ashley Sufflé Robinson has a Ph.D. in 19th Century English Literature. As a content writer for PrepScholar, Ashley is passionate well-nigh giving college-bound students the in-depth information they demand to go into the school of their dreams.
Source: https://blog.prepscholar.com/how-does-the-executive-branch-check-the-judicial-branch
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