What does the judicial branch do?

Why This Matters

The judicial branch reviews laws, explains laws, resolves disputes, and decides if a law goes against the Constitution. This branch is made up of the federal court system, with the Supreme Court at the top. While Congress makes laws and the President enforces them, the judicial branch makes sure those laws are fair and follow the Constitution.

One of the most important powers of the judicial branch is called judicial review. This means the courts can look at a law passed by Congress or an action taken by the President and decide whether it is constitutional. If a court finds that a law violates the Constitution, that law can be struck down and is no longer valid. This power was established in the landmark case Marbury v. Madison in 1803.

The judicial branch also resolves disputes, disagreements between people, between states, or between individuals and the government. When two sides cannot agree, a court provides a final decision. Federal judges, including Supreme Court justices, are appointed for life, which means they do not need to worry about elections or public opinion. This is meant to keep the courts independent and fair. For the USCIS test, you can give any of the accepted answers: reviews laws, explains laws, resolves disputes, or decides if a law goes against the Constitution.

Key Facts

• The judicial branch reviews and explains laws
• It resolves disputes and disagreements
• It decides if a law goes against the Constitution (judicial review)
• The Supreme Court is the highest court in the judicial branch
• Federal judges are appointed for life to maintain independence

Common Mistakes

• Saying the judicial branch "makes laws", that is the job of Congress (the legislative branch)
• Saying the judicial branch "enforces laws", that is the job of the President (the executive branch)
• Confusing the judicial branch with law enforcement agencies like the police or FBI

Study Tip

Remember the judicial branch with the word "judge." Judges review, explain, and settle disagreements about laws. If you think of a judge in a courtroom listening to both sides and making a decision, you have the right picture. The judicial branch is the branch that judges whether laws are fair.