As the previous educator mentioned, the US government is divided into three branches—a principle of governance derived from the Enlightenment-era legal scholar named Montesquieu, who promoted this system in his book The Spirit of Laws.
Parliamentary systems have a similar division of power, but the US government's three-part system is unique for its "checks and balances." The judicial branch examines the legality of actions taken by the executive and legislative branches of government.
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As the previous educator mentioned, the US government is divided into three branches—a principle of governance derived from the Enlightenment-era legal scholar named Montesquieu, who promoted this system in his book The Spirit of Laws.
Parliamentary systems have a similar division of power, but the US government's three-part system is unique for its "checks and balances." The judicial branch examines the legality of actions taken by the executive and legislative branches of government.
The Supreme Court case of Marbury v. Madison established judicial review, or constitutional review. Chief Justice John Marshall, fourth chief justice of the Supreme Court, asserted that the Court did indeed have the power to invalidate acts of Congress. This decision was key, for the Court's assumed right of judicial review had not been outlined by the Constitution. Thus judicial review, or the right of the Court to determine the constitutionality of laws, was validated only by the Supreme Court's ruling regarding its own power and provided no effective challenge to its assumption of power.
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