Bar Exam Practice Questions

What is one example of the system of checks and balances?

1. Judicial checks the Executive through judicial review

2. Legislative checks Judicial decisions for fairness

3. Executive can veto any law passed by the Legislative

4. Judicial nominates candidates for the Executive branch

The correct answer is: Judicial checks the Executive through judicial review

The system of checks and balances is foundational in the structure of the U.S. government, designed to ensure that no one branch becomes too powerful. The correct answer, which states that the judicial branch checks the executive branch through judicial review, is a prime example of this system in action. Judicial review allows the courts to assess the constitutionality of actions taken by the executive branch, including laws and actions taken by the president and executive agencies. This power serves as a critical check on executive authority, ensuring that all actions comply with the Constitution. If a court finds that an executive action violates the Constitution, it can invalidate that action, thereby maintaining a balance of power among the branches of government. The other options do not depict an accurate portrayal of checks and balances as established by the Constitution or are incorrect in the context of how the branches interact. While it is true that the legislative branch can influence judicial decisions through the process of impeachment or altering the structure of the court system, the second choice misrepresents the functionality of checks and balances. The executive's ability to veto legislation is another valid example of checks and balances, illustrating how the executive branch can limit legislative power. However, the fourth option inaccurately describes the process, as judicial nominations are the