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Judiciary’s Powers

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AP US Government

Definition

Judiciary’s Powers refer to the authority of the judicial branch to interpret laws, adjudicate disputes, and ensure justice is served within the framework of the Constitution. This power includes the ability to review and nullify laws or actions deemed unconstitutional through judicial review, acting as a crucial check on the legislative and executive branches.

5 Must Know Facts For Your Next Test

  1. Judiciary’s Powers allow courts to strike down laws that violate constitutional principles, thus acting as a guardian of individual rights and liberties.
  2. The concept of judicial review was established in the landmark case Marbury v. Madison (1803), where the Supreme Court asserted its authority to review legislative acts.
  3. Judges often face pressures when exercising their powers, as their rulings can have significant political and social implications.
  4. The judiciary operates independently of the other branches, ensuring that its interpretations of law are free from external influences.
  5. Judiciary’s Powers are fundamental in maintaining the balance of power among the branches of government and upholding the rule of law.

Review Questions

  • How does the power of judicial review exemplify the system of checks and balances within the U.S. government?
    • Judicial review is a prime example of checks and balances because it allows the judiciary to assess whether legislative or executive actions comply with the Constitution. By having this power, the courts can invalidate laws or actions that overstep constitutional boundaries, thereby ensuring that neither Congress nor the President can exercise unchecked authority. This role reinforces the importance of an independent judiciary in maintaining democratic principles.
  • Evaluate the implications of judiciary decisions on legislative actions, using specific examples to illustrate your point.
    • Judiciary decisions can significantly influence legislative actions by establishing legal precedents that lawmakers must consider when drafting new laws. For example, after the Supreme Court's ruling in Obergefell v. Hodges (2015), which legalized same-sex marriage nationwide, many states had to amend their laws to comply with this decision. Such judicial rulings compel legislators to align their policies with judicial interpretations, illustrating how judiciary powers can shape legislation.
  • Assess how changes in public opinion might affect the exercise of Judiciary’s Powers and impact landmark rulings.
    • Changes in public opinion can greatly influence Judiciary’s Powers by affecting how justices interpret laws and constitutional provisions. For instance, as societal views shifted toward greater acceptance of same-sex marriage, the Supreme Court's decision in Obergefell v. Hodges reflected this change. Over time, justices may become more attuned to contemporary values, leading to landmark rulings that align with public sentiment. This dynamic interplay highlights the judiciary's role not only as interpreters of law but also as entities responsive to evolving societal norms.

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