Judicial Branch and the Law
The Court System - Article III of the US Constiution
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What is the Judicial Branch of the US Government?
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.
Next Article: What is Federalism? Back to: CONSTITUTIONAL LAW
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.