What is the Judicial Branch?

The judicial branch was created by Article III of the US Constitution. 

More specifically, Article III created the United States Supreme Court. All subordinate federal courts were authorized by Congress.

The judicial branch, like the executive and legislative branches, functions to check the power or authoriy of the other branches of government. 

How does the judicial branch check the power of the legislative branch?

It checks the legislative branch by reviewing laws for constitutionality. Any law is subject to challenge on the grounds that it violates rights ensured under the US Constitution. 

Further, the court can limit the scope of a law by narrowly or broadly interpreting it in a manner that does not infringe upon constitutional rights.

How does the judicial branch check the power of the executive branch?

The judicial branch checks the executive branch by reviewing executive orders or actions for constitutionality. 

In either case, it has the ability to overturn unconstitutional laws and executive orders or actions. 

Related Concepts

• What is the Separation of Powers?
• Executive Branch
• Legislative Branch
• Limitations 
• Emolument Clause
• What is Federalism?
• Commonwealth
• What is the Supremacy Clause and Preemption?
• What is the Full Faith & Credit Clause?
• What is the Privileges and Immunities Clause?
• What is the Contract Clause?