Explain how the constitutional system of checks and balances impacts the criminal justice system

Question

What will be an ideal response?

Answer 1

Law enforcement and corrections are part of the executive branch of government. The president may have bills introduced in Congress affecting the creation, organization, and funding for these agencies, but the laws must be passed by Congress before they can go into effect. All of these laws are subject to constitutional review by the federal courts. The president can also veto criminal justice related legislation passed by Congress that he/she deems inappropriate.
The federal courts are an important component of the criminal justice system. The president nominates individuals for federal judgeships but the Senate must confirm them. Congress must pass bills authorizing the budget for the courts and establishes the number of judgeships, but these bills only become law if the president signs them.
Congress passes many bills affecting criminal justice: laws defining crimes, establishing criminal justice agencies, and providing funds for them. These bills require the signature of the president. Congress retains the power to override a presidential veto by a two-thirds vote, but it is rare to find sufficient votes to do this. Once a bill becomes law the judicial branch can review it and declare it unconstitutional if Congress exceeded its power.