Final answer:
There are several checks on judicial power from both the other branches of government and public opinion. The executive branch can influence the courts through judicial nominations, while the legislative branch can modify the court structure and reject nominees. Public opinion also plays a role in scrutinizing and influencing judicial decisions.
Step-by-step explanation:
Checks on Judicial Power
There are several checks on judicial power from both the other branches of government and public opinion. These checks help to ensure that the judiciary does not become too powerful and that its decisions are fair and unbiased.
Checks from Other Branches of Government
- The executive branch, led by the President, has the power to nominate federal judges. This means that the President can influence the power and direction of the courts by appointing judges who are likely to support their policies. Additionally, the President can also influence the Court through the involvement of the solicitor general and the submission of amicus briefs.
- The legislative branch, which consists of Congress, also has checks on the judiciary. Congress can modify the federal court structure and its appellate jurisdiction, and the Senate can accept or reject presidential nominees to the federal courts. If a court ruling overturns one of its laws, Congress can rewrite the law or even initiate a constitutional amendment process.
Checks from Public Opinion
Public opinion can also serve as a check on judicial power. The judiciary is aware that its decisions are subject to scrutiny and criticism from the public and the media. Judges are obligated to explain and justify their decisions to the courts above and below, and their written opinions are available for review by judges, law professors, lawyers, elected officials, and the general public. This external pressure helps to ensure that judges remain accountable and make decisions that are in line with public sentiment.