What does the judicial branch do?

Why This Matters

The judicial branch is one of the three branches of the United States government. Its main job is to interpret and apply the law. This means that when there is a disagreement about what a law means or whether a law is fair, the courts step in to make a decision. The judicial branch includes the Supreme Court, which is the highest court in the country, as well as many lower federal courts.

One of the most important powers of the judicial branch is judicial review, the ability to decide whether a law goes against the Constitution. If a court determines that a law violates the Constitution, that law can be struck down and will no longer be enforced. This power was established by the Supreme Court case Marbury v. Madison in 1803 and has been a central part of American government ever since.

The judicial branch also resolves disputes between people, between states, and between the government and individuals. It explains what laws mean in specific situations and makes sure that the government follows its own rules. For your citizenship interview, you can give any one of these answers: the judicial branch reviews laws, explains laws, resolves disputes, or decides if a law goes against the Constitution. Choose the one that is simplest for you to remember and say.

Key Facts

• The judicial branch reviews laws to make sure they follow the Constitution
• It explains what laws mean and how they apply to specific cases
• Courts resolve disputes between individuals, organizations, and governments
• The Supreme Court is the highest court and has the final say
• Judicial review allows courts to strike down laws that violate the Constitution

Common Mistakes

• Saying the judicial branch makes laws, that is the job of the legislative branch (Congress)
• Saying the judicial branch enforces laws, that is the job of the executive branch (the President)
• Confusing the Supreme Court with Congress or the President, each belongs to a different branch

Study Tip

Remember the judicial branch with three simple words: review, explain, and resolve. The courts review laws to check them against the Constitution, explain what laws mean, and resolve disagreements. If you can remember these three actions, you have several correct answers ready for your interview.