Which of the following may the judicial branch do to limit the power of the president?
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Separation of Powers Show The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches. In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.” Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.” Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.” Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses. The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others. To ensure that one branch of the Federal does not become dominate over the others the Federal system of government was created with an internal set of checks and balances consisting of powers reserved specifically for each branch of the government. Executive Branch Powers: The Executive branch can veto acts of Congress by the President choosing not to sign the act into law. This allows the Executive branch some control over what laws Congress creates. The Executive branch has the ability to appoint Federal judges and issue pardons, which gives it influence over the actions of the Judicial branch. Legislative Branch Powers: The Legislative branch has the power to impeach and remove the President from office if the President has committed crimes of treason, high crimes, or misdemeanors. (Interestingly, the definitions of ‘high crimes and misdemeanors’ is not given in the Constitution which leaves open to debate as to what kinds of crimes fall under those categories.) Congress can also override Presidential vetoes by voting on a law again and passing it with a 2/3 majority. Congress must approve the appointment of Federal judges, which allows them to influence who hold office in the Judicial branch. Judicial Branch Powers: The Judicial branch can declare acts of the President unconstitutional, which removes them from the law. The Judicial branch can also declare laws passed by Congress to be unconstitutional in whole or in part. These powers allow the Judicial branch to have influence on the actions of both the Executive and Legislative branches. The third branch of government is the Judicial branch. The Judiciary is made up of courts -- Supreme, Circuit, the magistrate (local) and municipal (city) courts. The Judicial branch interprets the laws. The state judges are elected by the citizens rather than being appointed. They also run for their office as members of a political party. The duties of the judicial branch include:
The Supreme Court of Appeals is the highest court in West Virginia and supervises the lower courts. It is comprised of five judges who are elected for twelve year terms by the voters. The Supreme Court is required to meet twice a year, in January and in September, and may hold special terms when necessary. The Supreme Court has the authority to determine if state laws and actions of state officials, including the Governor, are constitutional. Laws and executive orders cannot be enforced if they violate the state constitution. Most cases brought before the Supreme Court are appeals that have been tried in the circuit or magistrate courts. Once a decision has been made by the Supreme Court that is the final decision, with the exception of conflicts between state and federal laws, which may be appealed to the United States Supreme Court. Of the five Supreme Court justices, one is selected to be the Chief Justice. The selection process is a rotation between the five justices, each who serve as the chief justice for one year. The Chief Justice's duties include submitting a budget to the Legislature, and according to the state constitution, the Supreme Court will be appropriated for whatever amount it requests. The Chief Justice also assigns justices to write opinions and decisions of the Court. NEXT PAGE How does the judicial branch limit the power of the president?The Judicial branch can declare acts of the President unconstitutional, which removes them from the law. The Judicial branch can also declare laws passed by Congress to be unconstitutional in whole or in part.
Which of the following May the Congress do to limit the power of the judicial branch?Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court.
What branch limits the power of the president?The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes. The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
How can the president limit the power of the Supreme Court?Filling Court vacancies is another way in which presidents can impact Court outcomes. Judicial appointments and confirmations also check the Supreme Court's power. The constitutional process on paper seems simple enough. The president of the United States appoints and the Senate confirms.
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