An unanswered constitutional question about the judicial branch involves what?

A constitutional question is any legal issue that must be resolved by interpreting the Constitution rather than interpreting a statute in order to find a solution to the problem. This is in contrast to statutory interpretation. Courts are typically the ones to provide interpretations of constitutional provisions. It is possible for the courts to sidestep the constitutional issue if the decision of the state court is founded on an independent and sufficient state law basis.

Table of Contents

An unanswered constitutional question about the judicial branch involves;

An unanswered constitutional question about the judicial branch involves what “good behavior” means, with regard to judicial terms.

an unanswered constitutional question about the judicial branch involves

The Judicial branch and its objectives

The decisions regarding the interpretation of laws, the manner in which they should be applied to actual circumstances, and the determination of whether or not a law violates the provisions of the Constitution are made by the judicial branch. The Constitution of the United States of America is the supreme law of our country. The judicial branch of the United States government includes the United States Supreme Court, which is the highest court in the country. The nine judges that make up the Supreme Court are referred to as justices, and their nominations are submitted by the president and confirmed by the Senate. The justices deliberate on cases that have been appealed all the way to the highest level of the court system.

The most important responsibility of the Supreme Court is to render decisions in cases where the Constitution of the United States of America may not be followed exactly. When the Supreme Court has rendered a decision in a case, that decision cannot be reversed except by an additional ruling by the Supreme Court or by a change or amendment to the Constitution. This is a very significant power that has the potential to influence the lives of a great number of individuals.

See also: Which best describes a central bank’s primary goals?

an unanswered constitutional question about the judicial branch involves

Examples of constitutional questions and answers

  1. According to the Constitution, who is given the authority to govern the country as the sovereign?

It was stated by the founders that it was “by God’s own allowance” in the people. It should not be tolerated for any department or agency of the government to carry out its duties in defiance of the clearly communicated will of the people. The people’s representatives have articulated their collective will in the form of laws that have been enacted and written into the Constitution.

  1. In what sense does it mean that “all men are created equal”?

There are three aspects of equality that pertain to all of humanity: 1) equality before God; 2) equality before the law; and 3) equality in regard to their rights. Individuals differ from one another in every other way.

  1. What exactly is meant by the term “inalienable right”?

A right is considered inalienable if it is considered to be an “endowment from the Creator” and if it is not possible to violate that right without incurring the wrath of God.

  1. The Declaration of Independence outlines certain rights that are inalienable; what are those rights?

The right to “life, liberty, and the pursuit of happiness” is one of the rights enumerated in the Declaration of Independence.

  1. What did the Founding Fathers mean when they wrote that people should be free to “pursue happiness”?

This is a catchall phrase that was designed to cover all of the other rights that cannot be taken away.

  1. Please give an example of a fundamental right that cannot be taken away and is essential to the pursuit of happiness.

The Founding Fathers held the belief, for instance, that the pursuit of human happiness necessitates that each of us be granted the right to purchase, cultivate, and sell the property. They held the belief that if property rights were not protected, then all other rights would be in grave danger.

  1. What are some of the other rights that cannot be taken away?

The inalienable rights of mankind include such things as the right to self-government; the right of human beings to beget their own kind; the right of parents to rear their children free from outside interference (unless there is criminal abuse or neglect); the right to freedom of belief; the right to freedom of speech; the right to assemble; the right to petition; the right to change residence or one’s job, etc.

  1. Why do we have a government in the first place?

The Founding Fathers believed that the fundamental purpose of establishing a government was to safeguard the inalienable rights of the people. The government is to provide “liberty under law,” which means that no law should be passed unless it is specifically designed to protect freedom and liberty. and well-being of the people.

an unanswered constitutional question about the judicial branch involves

American constitution articles

Articles of the American constitution include;

  • Article I: The Legislative Branch
  • Article II: The Executive Branch
  • Article III: Judicial Branch
  • Article IV: Relationships Between the States
  • Article V: Amending the Constitution
  • Article VI: The Supreme Law
  • Article VII: Ratification of Clause

What are good questions about the judicial branch?

For example, why do we have courts? Why can’t we just make our own rules? What happens if everyone makes his/her own rules? How will we know who is right? How will we enforce the rules? If everyone has his/her own set of rules, how will we decide whose rule is better than another person’s?

So the question is: What are some good questions about the judicial system?

There are many good questions about the judicial branches. Here are two examples:

A. Why do we have judges?

We need them because we want to ensure that the laws are applied equally to everyone. We also need them because we want the laws to be consistent with the Constitution. Without judges, we could end up having different sets of laws depending on where you live. For example, if there is a law against murder, but in your state, it is legal to kill someone who steals something from you, then you might get away with murdering someone who stole something from you. This wouldn’t be fair.

B. How does one become a Judge?

We need judges because we want to ensure fairness in the application of the law. Judges are trained to apply the law fairly. They also have experience in the field of law. So, if you were going to go into politics, you would probably not be able to run for office without being a lawyer.

Who Decides what Laws Should Be Made?

We need judges because we want the laws we pass to be consistent with the constitution. We also need judges because we want our laws

Can the judicial branch rule on constitutional questions?

Yes. The judicial branch can rule on any constitutional questions that come before it. It can even rule on whether or not a law violates the constitution. However, the judicial branch cannot rule on political issues.

How Can the Judicial System Work Fairly in the United States?

Judges must be impartial. That means they must not favor either side of an issue. In order to be impartial, judges must avoid bias. Bias is when a judge decides a case based on personal feelings rather than facts. A judge may feel sympathy for one party over the other. Or he/she may think that one party is more likely to win than the other. These are all forms of bias. Judges in the United States and other countries must be unbiased.

How the structure of the judicial branch affects its interpretation of the Constitution in the United States? (This is a very broad question.)

The structure of the judicial branch allows it to interpret the Constitution fairly. Because the judiciary is separate from the executive and legislative branches, it can act as a check on those branches. The judiciary can also help prevent abuses by the legislature and the executive.

What Happens When There Are No Courts?

If there are no courts, people would have to rely on their own judgment to resolve disputes. People would have to use their own sense of justice to determine which laws should be followed. This would lead to chaos.

Which is the most likely reason the framers of the Constitution did not tell the judicial branch how do you interpret the document quizlet?

They didn’t tell the judicial branch how to interpret the Constitution because they wanted to give the judicial branch independence. If the judicial branch had been told how to interpret the Constitution, then Congress would have been able to control the way the court interpreted the Constitution.

Why Is the Judicial Branch Important?

The judicial branch is important because it helps keep the government working properly. The judicial branch has the power to decide cases involving the constitutionality of laws. Without this power, the government could abuse its authority.

What Does the Supreme Court Do?

The Supreme Court interprets the U.S. Constitution. It also hears arguments from both sides of a dispute. The Supreme Court makes decisions about the constitutionality of laws and rules.

What are good questions to ask about the Constitution of the United States?

Questions like these will help you understand what the Constitution says:

  • What does the word “Congress” mean?
  • How many amendments are there to the Constitution?
  • Why was the Bill of Rights written into the Constitution?
  • Who wrote the Declaration of Independence?
  • Which states ratified the Constitution first?
  • What happened after the Constitution was adopted?
  • What is the difference between a state and a territory?
  • What is the difference betwee a federal district and a county?
  • What is the difference btween a city and a town?
  • What is the difference bewteen a township and a village?
  • What is the difference beetwen a borough and a parish?

What are some facts about the judicial branch in the United States?

  1. The Supreme Court is made up of nine Justices who serve for life.
  2. The Supreme Court has the final say on whether or not a law is legal.
  3. The Supreme Court can hear only certain types of cases.
  4. The Supreme Court cannot make new laws.
  5. The Supreme Court can rule on the constitutionality of laws passed by Congress.

What is a judicial question?

A judicial question is one that requires the judge’s interpretation of the law. A judge must decide if a law is unconstitutional.

What is the role of the judicial branch under the Constitution?

The judicial branch plays an important part in our system of government. The judicial branch decides if a law is constitutional. They also decide when someone is guilty of breaking the law.

How does the judicial branch work?

The judicial branch works by having judges decide cases. Judges decide cases based on the evidence presented in each case.

How specific is the Constitution regarding the judicial branch?

The Constitution gives the judicial branch broad powers. These include deciding which laws are constitutional and determining guilt or innocence.

How do courts determine if a law is constitutional in the United States?

Courts look at the text of the law itself. They also examine the history of the law. Courts also consider the purpose of the law.

Who created the Judicial Branch?

The Judicial Branch was created by the Constitution. This means that the people have given their own government the power to interpret the law.

Why did the Founding Fathers give the Judicial Branch so much power?

The Founding Fathers wanted to create a strong government. They knew that without a strong government, they would not be able to protect themselves against foreign invaders. So they gave the Judicial Branch great power because they believed it was necessary to keep the country safe.

How did the Framers of the Constitution define the Judicial Branch?

In Article III of the Constitution, the Framers defined the Judicial Branch as being composed of three branches: the Executive, Legislative, and Judicial Branches. 

What does the judicial branch do?

The judicial branch interprets the law. It determines what the law says and how it should be applied. The judicial branch also makes decisions about whether or not a person broke the law.

What is the difference between the executive and legislative branches?

The executive branch is responsible for carrying out the laws passed by Congress. The executive branch includes the President, Vice-President, Secretaries, and other officials.

The legislative branch passes laws. The legislative branch includes Congress, state legislatures, and city councils.

What is the third branch of government called?

The third branch of government is called the judicial branch. This branch consists of the Supreme Court, federal district courts, and appellate courts.

How is the judicial branch of your government organized?

The judicial branch is made up of three parts: the Supreme Court, federal courts, and appellate courts (courts of last resort).

Why is the judicial branch separate from the other two branches?

The judicial branch has its own unique set of rules. For example, the Supreme Court can only hear certain types of cases. In addition, the judicial branch has its own courtrooms.

Is the Supreme Court part of the judicial branch in the United States?

No. The Supreme Court is part of the judicial branch but it is not considered a part of the judicial branch.

Can you name some important members of the judicial branch?

There are many important members of the judicial system. Some of these include:

  • Supreme Court Justices
  • Federal District Court Judges
  • Circuit Court Judges
  • Appellate Court Judges
  • Magistrate Judges
  • Probate Judge
  • Attorney General
  • Public Defender
  • State Attorneys General
  • State Public Defenders
  • State Prosecutors
  • State Bar Associations
  • State Bar Boards
  • Law Schools
  • Legal Aid Offices
  • Lawyers
  • Paralegals
  • Clerks
  • Court Reporters
  • Court Security Officers
  • Courtroom Interpreters
  • Courtroom Assistants
  • Courtroom Technicians
  • Courtroom Cameramen
  • Courtroom Videographers
  • Jury Foremen
  • Jurors
  • Bailiffs
  • Police Officers
  • Prison Guards
  • Prison Officials

Does the judicial branch enforce laws in the United States?

Yes. The judicial branch enforces laws that have been passed by Congress.

Who decides if someone breaks the law in the United States?

In most states, judges decide if someone broke the law. If they find that a person did break the law, then they will sentence them to jail time or fine them.

How does the judicial branch check the power of the executive branch?

Judges do this by checking whether or not the executive branch is following the Constitution.

How does the judiciary work with the legislature in the United States?

The judiciary works with the legislature through the process known as checks and balances. Checks and balances are ways that the different branches of government keep each other in check.

How does the judicial branch check the power of the legislative branch in the United States?

This happens when the judicial branch reviews legislation before it becomes law. They also review how much money the executive branch spends on things like prisons and schools.

What is the difference between the judicial branch and the executive branch?

The judicial branch makes sure that people follow the law. It also ensures that the executive branch follows the law.

What are the constitutional powers of the judicial branch in the United States? How can they be changed?

The judicial branch has three main areas of power. These are:

  1. To interpret the constitution
  2. To make decisions about what the law means
  3. To ensure that the laws are followed

These powers cannot be changed. However, there are times when the courts may change their interpretation of the law. This usually happens when new information comes out.

Which is the most likely reason the framers of the Constitution did not tell judicial branch How do you interpret the document?

They wanted to give the judicial branch enough power so that no one else could take over control of the country. 

Why is the judicial branch the most powerful essay?

Because it has the most power.

Is the judicial branch independent from the executive branch?

No. Judges must follow the rules set up by the executive branch.

Do judges always rule against the executive branch?

Sometimes. Judges sometimes rule for the executive branch.

Can the judicial branch impeach the president?

No. Impeachment is only allowed for members of Congress.

What is the power of judicial?

It is the power to interpret the law.

Does the judicial branch make laws?


Does judicial review really strengthen the constitutional principle of checks and balances or not?

Yes. Judicial review strengthens the idea of checks and balances because it allows the judicial branch to check the power of the other two branches.

What problems led the framers to establish the judicial branch of the federal government?

The framers were worried that the executive branch would become too powerful. They created the judicial branch to help prevent this.

Why is judicial independence so important under our system of government?

Judicial independence is very important because it helps to prevent corruption.


According to Zivotofsky, Congress has used these powers to pass laws regulating the content and issuance of passports since 1856. (

According to Zivotofsky, Congress has used these powers to pass laws regulating the content and issuance of passports since 1856. (

2017 changes so much on the Supreme Court, including what is likely to happen when the issues presented in Masterpiece Cakeshop return to the Supreme Court. (

Important keywords to note


  • Exclusive power
  • Separation of powers
  • Constitutional power
  • Enumerated powers
  • Federal powers
  • Sole power
  • National power
  • Array of powers
  • Attendant power


  • Supreme Court
  • Federal courts
  • U.S. Supreme Court
  • American courts
  • Comity lead courts
  • Political question doctrine
  • Political question doctrine


  • Constitutional question
  • Narrow question
  • Political questions
  • Real question
  • National government
  • National government


  • Branches of government
  • Federal government
  • Foreign governments
  • Chinese government
  • Manageable standards
  • Manageable standards


  • Standard of review
  • Ambiguous standards
  • Cognizable standard


  • Recognition policy
  • Foreign policy implications
  • Foreign policy decision-making
  • Initial policy determination


  • Political decision
  • Official decision
  • Decision makers
  • Complex of decisions
  • Constitutional authority
  • Constitutional authority
  • Authority
  • Federal authority
  • Broad authority
  • Conferral of authority
  • Judicial branch


  • Executive branch
  • Coordinate branch
  • Centuries-long Executive Branch practice


  • Religion
  • Hostility to Religion
  • Freedom of religion
  • Animus against religion


  • Alexander Hamilton
  • Erwin Chemerinsky
Share this