Congress has just passed a law that says that citizens of the United States are not allowed to talk badly about the government. In fact, if anyone does say something negative about the government, that person can get arrested. The Supreme Court immediately steps in and says Congress cannot do this and they refuse to allow this to become a law.

Question

Congress has just passed a law that says that citizens of the United States are not allowed to talk badly about the government. In fact, if anyone does say something negative about the government, that person can get arrested. The Supreme Court immediately steps in and says Congress cannot do this and they refuse to allow this to become a law.

What power is being used ? _____
What branch used this power? _____
What check is in place for it? ______
What branch is able to check that power? _____

Answer 1

What power is being used? Judicial power.

What branch used this power? The Supreme Court.

What check is in place for it? The check in place for this power is the Constitution and its protection of free speech.

What branch is able to check that power? The Legislative branch (Congress) is able to check the power of the Supreme Court through the process of passing and amending laws.