POL 327 Short Paper
Power And Balance
The three branches of the American government are controlled through deliberate mechanisms of
balance. The judicial branch is subject to some of the greatest restrictions on authority. Federal
tribunals and judges interpret laws issued by the legislative branch and implemented by the
executive branch in this form of government. The courts have the power to evaluate the legality
of actions taken by the executive and legislative branches of the government, according to Judge
Alvin Rubin. 2018 (Harris). The nine-justice U.S. Supreme Court sits at the pinnacle of this
branch. The Supreme Court has the last word in all civil and criminal proceedings, making it the
most powerful court in the nation.
While it has the power to declare a presidential action unlawful, the judiciary serves as a check
on the executive branch. This implies that those in the executive branch, including the president,
who violate their constitutional rights may be held liable (Robinson, 2019). As an illustration, a
watchdog organization sued President Trump on the grounds that his actions were illegal when
he proclaimed a national state of emergency to raise money for the construction of a border wall.
His presidential power would be restrained if the court system was to find against him. With the
appointment of judges to fill vacancies and the issuance of presidential pardons and reprieves,
the executive branch in turn exercises control over the judiciary. For instance, the president takes
into account the candidate's credentials and philosophy when choosing a state court.
Court decision and translation are the two basic ways in which the court has control over the
legislative branch. Full investigation enables the judicial branch to check legislation passed by
the legislative branch to see if they are in accordance with the constitution. Using judicial
interpretation, judges can decide what laws imply and how to apply them in certain situations.
The overturning of Roe v. Wade is one recent instance of the judicial branch policing the
legislature. The Act was invalidated after the Supreme Court determined that Roe v. Wade did
not fall under the protection of the founding document.
References
Duchess Harris, J., PhD. (2018). Governmental Checks and Balances. Essential Library.
Robinson, A. (2019, June 1). How Does the Executive Branch Check the Judicial
Branch? PrepScholar. https://blog.prepscholar.com/how-does-the-executive-branch-
check-the-judicial-branch
Legislative-Judicial Checks and Balances. (n.d.). Encyclopedia.Com. Retrieved
September 4, 2022, from https://www.encyclopedia.com/politics/legal-and-political-
magazines/legislative-judicial-checks-and-balances