Law and Politics

Start Free Trial

List end explain the legislative checks on the judiciary. Which check or checks are the most effective and why?

In the United States, the legislative branch has over ten ways to check the judicial branch. These include restriction of jurisdiction, approval of nominations of judges, impeachment of members of the judiciary, control of appropriations, and the initiation of constitutional amendments. Two of the most effective legislative checks are approval of nominations of judges and impeachment of members of the judiciary.

Expert Answers

An illustration of the letter 'A' in a speech bubbles

Together with the executive branch, the legislative branch has the power to approve or deny nominations of judges. The President nominates justices, but Congress holds examination hearings and ensures that the person is experienced enough and has the right temperament for the job of being a Supreme Court justice.

Another legislative power is that of impeachment of members of the judiciary who are found guilty of treason, high crimes, or misdemeanors. The legislative branch also has this power over all federal officials. These two checks are crucial in providing provide ways for Congress to influence who enters or exits the judiciary branch.

Another legislative check over the judiciary is the control that Congress has to make the necessary appropriations for operation of federal court system. Two related checks pertaining over the judiciary are the power to set courts that are inferior to the Supreme Court, along with the power to alter the size of the Supreme Court.

Congress also has the power to exercise restraining power over the judiciary by restricting the extent of its jurisdiction.

The legislative branch checks both the executive and judiciary with its power to introduce constitutional amendments, which require approval of three-quarters of the states. These amendments may overturn judicial decisions.

Approved by eNotes Editorial Team