Need help with a grandson's question about the Judicial

[shraby]

branch versus the Executive branch of government. Here's the question:

"what is a power that the judicial branch holds over the executive branch
what article and section of this constitution"

Here is what he came up with:
all I know of (I read the constitution and really couldnt find one) is judicial review but that is not stated in the constitution, it was given to the indirectly by Marbury vs. Madison
AND aside from judicial review what is another unstated power of the judicial branch?

[shraby]

1. Anybody???? I thought it might be the power to prosecute

members of his cabinet and staff.

[elleng]

2. Power to 'prosecute' is w/in Executive Branch, Department of Justice.

[shraby]

3. Maybe there isn't any other besides judicial review?

[elleng]

7. Judicial Branch:

Headed by the Supreme Court. Its powers include interpreting the Constitution, reviewing laws, and deciding cases

http://www.congressforkids.net/Constitution_threebranches.htm

[handmade34]

4. Constitution is intentionally vague

•Checks on the Executive
Judicial review
Chief Justice sits as President of the Senate during presidential impeachment


Judges, once appointed for life, are free from controls from the executive branch
Courts can judge executive actions to be unconstitutional through the power of judicial review
http://www.usconstitution.net/consttop_cnb.html

Article III - The Judicial Branch

Section 1 - Judicial powers

The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.

Section 2 - Trial by Jury, Original Jurisdiction, Jury Trials

(The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority; to all Cases affecting Ambassadors, other public Ministers and Consuls; to all Cases of admiralty and maritime Jurisdiction; to Controversies to which the United States shall be a Party; to Controversies between two or more States; between a State and Citizens of another State; between Citizens of different States; between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.) (This section in parentheses is modified by the 11th Amendment.)

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

Section 3 - Treason Note

Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.

The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.

[Tx4obama]

5. I don't think there is any other than judicial review.

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

http://wiki.answers.com/Q/What_power_does_the_judicial_branch_hold_over_the_executive_branch

[rurallib]

6. Hmmm . Marbury v Madison is all that comes to mind immediately

I did a quite quick search and fond this:
http://www.archives.gov/exhibits/charters/charters_of_freedom_8.html
-
Although most of the Framers of the Constitution anticipated that the Federal judiciary would be the weakest branch of Government, the U.S. Supreme Court has come to wield enormous power with decisions that have reached into the lives of every citizen and resolved some of the most dramatic confrontations in U.S. history. The word of the Supreme Court is final. Overturning its decisions often requires an amendment to the Constitution or a revision of Federal law.

The power of the Supreme Court has evolved over time, through a series of milestone court cases. One of the Court's most fundamental powers is judicial review–the power to judge the constitutionality of any act or law of the executive or legislative branch. Some of the Framers expected the Supreme Court to take on the role of determining the constitutionality of Congress's laws, but the Constitution did not explicitly assign it to the Court. Marbury v. Madison, the 1803 landmark Supreme Court case, established the power of judicial review. From the modest claim of William Marbury, who sought a low-paying appointment as a District of Columbia Justice of the Peace, emerged a Supreme Court decision that established one of the cornerstones of the American constitutional system.
-

Maybe there is nothing in the constitution and that is the answer? :shrug: :shrug:

[southernyankeebelle]

8. I don't know. But when I want to ask a question I ask google. Usually I get an answer. Try it.

[shraby]

9. Du is usually pretty good at these questions. The grandson

has probably already used google. He's internet savvy.

[Kennah]

10. Chief Justice presides over Presidential Impeachments

Article I, Section 3, Clause 6

[Tx4obama]

11. The Supreme Court Chief Justice administers the oath of office to The President on inauguration day.

But having the Chief Justice give the oath is just tradition, not a rule.

----

Excerpt from Wikipedia:

The only inauguration element mandated by the United States Constitution is that the President make an oath or affirmation before that person can "enter on the Execution" of the office of the presidency