What characterizes the relationship between executive and legislative actions and the judicial branch?

Study for the VirtualSC Honors Government Exam. Practice with flashcards and multiple-choice questions, each offering hints and explanations.

The relationship between executive and legislative actions and the judicial branch is primarily characterized by judicial review. This concept refers to the power of the judiciary to evaluate the constitutionality of laws and executive actions. When a law is challenged in court, the judicial branch can determine whether it aligns with the Constitution, essentially serving as a check on the legislative and executive branches.

Judicial review allows courts to uphold or strike down legislation and executive orders, therefore maintaining the system of checks and balances that is fundamental to the U.S. government. This authority was solidified by the landmark Supreme Court case Marbury v. Madison in 1803, which established that it is the duty of the judiciary to interpret what the Constitution means and to ensure that no branch of government exceeds its powers.

While judicial restraint emphasizes a limited role for courts in overturning legislative and executive actions, and majority opinion refers to the views held by the majority of judges in a particular court ruling, neither captures the essence of the judiciary’s reviewing power over the actions of the other branches as effectively as judicial review does. Strict constructionism concerns itself with interpreting the Constitution as closely to the text as possible, but it does not necessarily pertain to the relationship between branches of government.

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