ABA Family Legal Guide

How the Legal System Works

The Structure of the Court System

Separation of Powers

Are there limits on the power of the courts?

Obviously, the ability to strike down laws contrary to the Constitution gives courts enormous power. But several things keep this branch from reigning supreme.

For one thing, judges can't strike down laws willy-nilly. Courts can rule only on the controversies that come before them. That means that--unlike the other two branches--they can't shape their own agenda. They have no power to act on their own, but only act in response to legal cases on which they are asked to rule. Courts are generally careful to use their power of judicial review sparingly. Often, judges will decide cases on narrow grounds, to avoid sweeping pronouncements. Declaring laws unconstitutional is much rarer than you might think. Since its inception, the United States Supreme Court has declared fewer than 150 federal statutes unconstitutional.

Finally, the old adage that we are a "government of laws and not of men" refers to the cornerstone of our legal system, the rule of law. This means individual judges, or juries, cannot just do what they, individually or collectively, think is right in a particular case. They must follow the law as enacted by the Congress or a state legislature, or as defined in case law from the U.S. Supreme Court or the highest state court. The rule of law is a discipline we have imposed on ourselves to ensure all are treated equally under the law.