What are two ways that the legislative branch provides a check on the judicial branch

The judicial branch was created by Article III of the US Constitution. 

More specifically, Article III created the United States Supreme Court. All subordinate federal courts were authorized by Congress.

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The judicial branch, like the executive and legislative branches, functions to check the power or authoriy of the other branches of government. 

How does the judicial branch check the power of the legislative branch?

It checks the legislative branch by reviewing laws for constitutionality. Any law is subject to challenge on the grounds that it violates rights ensured under the US Constitution. 

Further, the court can limit the scope of a law by narrowly or broadly interpreting it in a manner that does not infringe upon constitutional rights.

How does the judicial branch check the power of the executive branch?

The judicial branch checks the executive branch by reviewing executive orders or actions for constitutionality. 

In either case, it has the ability to overturn unconstitutional laws and executive orders or actions. 

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To ensure that one branch of the Federal does not become dominate over the others the Federal system of government was created with an internal set of checks and balances consisting of powers reserved specifically for each branch of the government.

Executive Branch Powers:

The Executive branch can veto acts of Congress by the President choosing not to sign the act into law. This allows the Executive branch some control over what laws Congress creates. The Executive branch has the ability to appoint Federal judges and issue pardons, which gives it influence over the actions of the Judicial branch.

Legislative Branch Powers:

The Legislative branch has the power to impeach and remove the President from office if the President has committed crimes of treason, high crimes, or misdemeanors. (Interestingly, the definitions of ‘high crimes and misdemeanors’ is not given in the Constitution which leaves open to debate as to what kinds of crimes fall under those categories.)   Congress can also override Presidential vetoes by voting on a law again and passing it with a 2/3 majority. Congress must approve the appointment of Federal judges, which allows them to influence who hold office in the Judicial branch.

Judicial Branch Powers:

The Judicial branch can declare acts of the President unconstitutional, which removes them from the law. The Judicial branch can also declare laws passed by Congress to be unconstitutional in whole or in part. These powers allow the Judicial branch to have influence on the actions of both the Executive and Legislative branches.

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The Constitution divided the Government into three branches: legislative, executive, and judicial. That was an important decision because it gave specific powers to each branch and set up something called checks and balances. Just like the phrase sounds, the point of checks and balances was to make sure no one branch would be able to control too much power, and it created a separation of powers. Here are some examples of how the different branches work together:

• The legislative branch makes laws, but the President in the executive branch can veto those laws with a Presidential Veto.
• The legislative branch makes laws, but the judicial branch can declare those laws unconstitutional.
• The executive branch, through the Federal agencies, has responsibility for day-to-day enforcement and administration of Federal laws. These Federal departments and agencies have missions and responsibilities that vary widely, from environmental protection to protecting the Nation’s borders.
• The President in the executive branch can veto a law, but the legislative branch can override that veto with enough votes.
• The legislative branch has the power to approve Presidential nominations, control the budget, and can impeach the President and remove him or her from office.
• The executive branch can declare Executive Orders, which are like proclamations that carry the force of law, but the judicial branch can declare those acts unconstitutional.
• The judicial branch interprets laws, but the President nominates Supreme Court justices, court of appeals judges, and district court judges who make the evaluations.
• The judicial branch interprets laws, but the Senate in the legislative branch confirms the President’s nominations for judicial positions, and Congress can impeach any of those judges and remove them from office.

See our "Branches of Government" infographic to find the checks and balances you see illustrated.