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Checks And Balances Of The Judicial Branch Of Government

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While some people may believe that the constitution does little to restrict the powers of the judiciary branch, it has demonstrated great control over the government through checking and balancing, the amendments, and articles I-III of the constitution. The constitution holds control over all branches of government through checking and balancing. In the government, checking and balancing is used as it related to the judicial, legislative, and executive branches to help “prevent actions by other branches” in case one branch of government tries to make an unjust decision and “are inducted to share power” so that the powers among the government are equally distributed (“checks and balances”). Since all three branches of government are controlled in one way or another by the other branches, …show more content…

This article of the constitution also includes other rules for the president to follow, and the outline of the executive branch as a whole. Finally, article three illustrates the judicial branch of government. This article explains the rules for the judicial branch and how they are supposed to handle their role in government. Each of these articles carries an important part in detailing the roles, rules, and regulations for the different branches of government. Each branch must follow the rules that have been given in the constitution, although there are some things outlined that could be up for debate, the roles of each branch of the government are clearly listed. This is just another way that the constitution limits the scope of the constitution. In the end, the constitution limits the powers of the government through checking and balancing, constitutional amendments, and the articles of the

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However, one weakness of the judicial branch is that Congress can overrule their decisions. For example, Congress overturn the Supreme Court’s decision in Chisholm vs Georgia case in 1793 because of the Amendment XI to the U.S. Constitution. Congress have some control this branch listed last on the U.S. Constitution. All in all, the judicial branch looked at as the powerful to U.S. citizen’s but has a weakness of having their decision overruled by the Executive (executive of the laws) and Legislative branch (creator of the laws). C. One option to maintain the strength of the branch of government discussed above.

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When the people acquiesce two or more of these powers in a single body, liberty dies soon after. Correspondingly, In Federalist No. 47, Madison declares, “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” History has repeatedly proven that the natural disposition of man is too corruptible to exercise total power righteously. It is therefore incumbent to create a system of structural and auxiliary checks on political power “to the end it may be a government of laws and not of men” (Mass. Const.). While it is one thing to talk about the separation of powers in theory, but the great question to be solved was how to maintain the separation of powers in practice.

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