How is the Supreme Court able to resolve policy differences between the legislative branch and the executive branch?
(1 point)
• The Supreme Court has no power
The Supreme Court can declare an executive order
by the president unconstitutional and acts of Congress in violation of the Constitution
By issuing a dissenting opinion
By practicing Judicial
Restraint
The Supreme Court can declare an executive order by the president unconstitutional and acts of Congress in violation of the Constitution.
The Supreme Court is able to resolve policy differences between the legislative branch and the executive branch through various mechanisms, including:
1. Declaring executive orders unconstitutional: The Supreme Court has the power to review the constitutionality of executive orders issued by the President. If the Court finds an executive order to be unconstitutional, it can strike down or nullify the order, effectively resolving the policy difference.
2. Judging acts of Congress: Similarly, the Supreme Court can review acts of Congress to determine their constitutionality. If the Court determines that a law passed by Congress is in violation of the Constitution, it can declare the law null and void, thereby resolving the policy difference.
3. Issuing dissenting opinions: When the Supreme Court hears a case, each justice has the opportunity to write a separate opinion explaining their reasoning behind their decision. If the justices disagree on a particular issue, any justice can issue a dissenting opinion, presenting an alternative viewpoint and potentially influencing future policy decisions.
4. Practicing Judicial Restraint: The Supreme Court can also resolve policy differences by practicing judicial restraint, which means exercising caution and restraint in making decisions that may impact policy. By deferring to the elected representatives in the legislative and executive branches, the Court can avoid actively intervening in policy disputes and allow the political branches to resolve their differences through the democratic process.
Overall, the Supreme Court's power to declare executive orders and acts of Congress unconstitutional, issuing dissenting opinions, and practicing judicial restraint allows it to play a crucial role in resolving policy differences between the legislative and executive branches.
The Supreme Court is able to resolve policy differences between the legislative branch (Congress) and the executive branch (the President) through its power of judicial review. Here's how it works:
1. The Supreme Court has the power of judicial review, which means it can review the constitutionality of laws and actions taken by the legislative and executive branches. This power comes from the landmark case Marbury v. Madison in 1803.
2. If there is a policy difference between the legislative and executive branches, it may lead to a legal challenge. This can happen when someone affected by a law or executive action believes it is unconstitutional.
3. To resolve the issue, the affected party can file a lawsuit and take it to the Supreme Court. The Court then reviews the case and determines whether the law or action in question is constitutional.
4. If the Supreme Court finds the law or action unconstitutional, it can declare it invalid. This means that the law or action is no longer enforceable.
5. The Court's decision is binding and helps to establish a precedent for future cases. It clarifies the boundaries of power between the branches and helps resolve policy disputes.
In summary, the Supreme Court resolves policy differences between the legislative and executive branches by exercising its power of judicial review to determine the constitutionality of laws and executive actions.