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Know your rights! Youth justice and juvenile law answers.

Askthejudge.info features regular updates from the news, important decisions from the nation′s courts, and online discussions with Judge Tom. Find out everything you need to know about youth rights, juvenile law and juvenile justice. AsktheJudge – Empowering youth one question at a time.

Disclaimer: The information contained in this site is made available to the general public and is not intended to serve as legal advice.You should consult a trained legal professional in your area for questions you may have about the laws affecting juveniles or any legal interpretations.

Copyright, 2014
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February 5, 2017
Judge Tom
Blog, Featured
1

How can a judge block the president’s order?

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finding balance

We received this question in our Teen Chat room – how can a judge block the president’s order? Considering what’s going on in our country right now between the president’s travel ban, a court ruling blocking Trump’s executive order and an appeals court refusing to restore the order/travel ban, we believe a brief discussion of how the system works is in order.

The purpose and design of our three branches of government is to have a check on each other to avoid the consequences of a dictatorship where one person rules the country. Each branch, the executive (president), legislative (Congress), and the judiciary (Supreme Court) and their state counterparts, have specified responsibilities under state and federal laws and constitutions. Consequently, a judge can declare a law passed by Congress unconstitutional, or an executive order unconstitutional. The judge’s ruling may be challenged in a higher court, until, ultimately, it reaches the Supreme Court for a final decision.

Without our system of checks and balances, we would not be living in the democracy we currently have.

Photo by Woodleywonderworks (Flickr)

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Judge Tom

The Author Judge Tom

Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including 'Teen Cyberbullying Investigated' (Free Spirit Publishing) and 'Every Vote Matters: the Power of Your Voice, from Student Elections to the Supreme Court' (Free Spirit Publishing). In 2020, the American Bar Association published "Cyberbullying Law," the nation's first case-law book written for lawyers, judges and law students. When he's not answering teens' questions, Judge Tom volunteers with the American Red Cross and can be found hiking, traveling and reading.

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1 Comment

  • Laura
    April 25, 2017 2:58 pm count( 0 )

    I don’t think a judge should be above the president unless it is the Supreme Court . What makes a judge above the pres
    Thank you for your comments, Laura.