What power does the judicial branch have over the executive branch?

Study for the Taft Law School Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The judicial branch possesses the power to declare executive actions unconstitutional, which is grounded in the principle of judicial review established in landmark cases like Marbury v. Madison. This power enables courts to interpret the Constitution and assess whether actions taken by the executive branch comply with constitutional mandates. If a court finds that an executive action violates the Constitution, it can rule that action null and void, ensuring that the balance of power among the branches of government is maintained and that no branch exceeds its authority.

This capability is essential in upholding the rule of law and protecting citizens' rights against potential abuses by the executive branch. The judicial branch serves as a check on executive power, reinforcing the system of checks and balances that is foundational to the U.S. government.

The other options reflect powers that do not belong to the judicial branch. Impeachment of the President is a legislative power exercised by Congress. Appointing Vice Presidents is not carried out by the judiciary but is a function of the President and, in some cases, the Senate. Rejecting treaties is solely a power of the Senate, which has the constitutional authority to approve or disapprove treaties negotiated by the President. Thus, the unique role of the judiciary in reviewing executive actions for constitutional conformity makes the selected answer

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