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The U.S. Congress in relation to the president and Supreme Court has the role of chief legislative body of the United States.However, the Founding Fathers of the United States built a system in which three powerful branches of the government, using a series of checks and balances, could limit each other's power.
Under such a system, executive power is shared by an elected head of state (a president) and a legislature-appointed head of government (a prime minister or premier). The amount of power each figure holds may vary, and a semi-presidential system may lean closer to one system over the other. [30]
Based on their experience, the framers shied away from giving any branch of the new government too much power. The separation of powers provides a system of shared power known as "checks and balances". For example, the president appoints judges and departmental secretaries, but these appointments must be approved by the Senate.
The Supreme Court's interpretations of constitutional law are binding on the legislative and executive branches of the federal government, on the lower courts in the federal system, and on all state courts. [8] This system of binding interpretations or precedents evolved from the common law system (called "stare decisis"), where courts are ...
The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The interplay of the Supremacy Clause and Article III has resulted in a complex set of relationships between state and federal courts.
The United States Supreme Court under Chief Justice John Marshall played an important role in defining the power of the federal and state governments during the early 19th century. As the U.S. Constitution does not specifically define many dividing lines between the layers of government, the Supreme Court settled the issue in New York.
This power is limited to adjudication of public rights, such as the settling of disputes between the citizens and the government. The Court also found that Congress has the power under Article I to create adjunct tribunals, so long as the "essential attributes of judicial power" stay in Article III courts. This power derives from two sources.
Unlike the federal government, which only has those powers granted to it in the Constitution, a state government has inherent powers allowing it to act unless limited by a provision of the state or national constitution. Like the federal government, state governments have three branches: executive, legislative, and judicial.