key term - Greater power

Definition

Greater power refers to the ability of one branch of government to exert control or influence over another branch, often ensuring that no single branch becomes too powerful. In the context of checks on the judicial branch, greater power is illustrated through mechanisms like judicial review, where courts can interpret laws and declare them unconstitutional, thus acting as a check on legislative and executive actions.

5 Must Know Facts For Your Next Test

1. The principle of greater power is rooted in the Constitution's design to prevent tyranny by ensuring that all branches have some measure of control over one another.
2. Judicial review exemplifies greater power as it allows the judiciary to invalidate laws passed by Congress or actions taken by the President if they are found unconstitutional.
3. The concept ensures a balance between the judiciary's role in interpreting the law and the legislative/executive branches' roles in making and enforcing laws.
4. Greater power is not absolute; it operates within a framework of checks and balances, where each branch has specific powers that can counteract the others.
5. Disputes over greater power often arise in landmark Supreme Court cases, shaping the interpretation of constitutional rights and governmental authority.

Review Questions

• How does the concept of greater power influence the relationship between the judicial branch and the legislative/executive branches?
  • Greater power plays a crucial role in shaping the relationship between branches by establishing that the judiciary can review and potentially nullify actions taken by the legislative or executive branches. This dynamic fosters accountability, as lawmakers and executives must consider constitutional implications when creating laws or executing policies. The ability of courts to act against potentially overreaching actions from other branches demonstrates a safeguard for individual rights and limits government power.
• In what ways do checks and balances work to regulate greater power among different branches of government?
  • Checks and balances serve as a mechanism to regulate greater power by allowing each branch of government to exert influence over the others. For example, while the judiciary can overturn laws via judicial review, Congress holds the power to confirm judges and amend the Constitution. Similarly, the President has veto power over legislative bills, which requires Congress to consider executive priorities. This interaction ensures that no single branch can dominate governance without oversight from others.
• Evaluate how landmark Supreme Court cases reflect the tensions surrounding greater power between branches of government.
  • Landmark Supreme Court cases highlight the ongoing tensions related to greater power as they often revolve around interpretations of constitutional authority. For instance, cases like Marbury v. Madison established judicial review, underscoring the judiciary's role in checking legislative authority. Meanwhile, cases such as United States v. Nixon showcased limits on executive power during crises. These cases not only clarify roles but also illustrate how each branch negotiates its powers within an evolving legal landscape, impacting public policy and civil rights.

Related terms

Judicial Review:

The power of courts to assess whether a law or executive action is in accordance with the constitution, allowing them to invalidate laws that exceed constitutional limits.

Separation of Powers:

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another, thus promoting accountability and preventing tyranny.

Checks and Balances:

A system that ensures that no one branch of government becomes too powerful by allowing each branch to monitor and limit the actions of the others.