The judicial branch can check the legislative branch primarily through the power of judicial review, which allows courts to examine laws passed by Congress and declare them unconstitutional if they violate the Constitution. This means the judicial branch can invalidate laws that overstep constitutional boundaries. Additionally, the courts rely on actual legal cases (not advisory opinions) to review legislative actions and interpret the constitutionality of those laws.
How the Judicial Branch Checks the Legislative Branch
- Judicial Review: The Supreme Court and other federal courts interpret laws passed by the legislative branch and can nullify those that conflict with the Constitution. This power was established in the landmark case Marbury v. Madison.
- Declaring Laws Unconstitutional: Courts can strike down federal or state laws if they violate constitutional principles, protecting individual rights against legislative overreach.
- Interpretation and Precedent: Courts use precedent to guide interpretations of laws' constitutionality, checking legislative authority in practical cases brought before them.
Thus, the judicial branch acts as a powerful check on Congress by ensuring legislation complies with constitutional principles and individual rights.
