<P> Congress often writes legislation to restrain executive officials to the performance of their duties, as laid out by the laws Congress passes . In Immigration and Naturalization Service v. Chadha (1983), the Supreme Court decided (a) The prescription for legislative action in Art . I, § 1--requiring all legislative powers to be vested in a Congress consisting of a Senate and a House of Representatives--and § 7--requiring every bill passed by the House and Senate, before becoming law, to be presented to the president, and, if he disapproves, to be repassed by two - thirds of the Senate and House--represents the Framers' decision that the legislative power of the Federal Government be exercised in accord with a single, finely wrought and exhaustively considered procedure . This procedure is an integral part of the constitutional design for the separation of powers . Further rulings clarified the case; even both Houses acting together cannot override Executive vetos without a ​ ⁄ majority . Legislation may always prescribe regulations governing executive officers . </P> <P> Judicial power--the power to decide cases and controversies--is vested in the Supreme Court and inferior courts established by Congress . The judges must be appointed by the president with the advice and consent of the Senate, hold office during good behavior and receive compensations that may not be diminished during their continuance in office . If a court's judges do not have such attributes, the court may not exercise the judicial power of the United States . Courts exercising the judicial power are called "constitutional courts ." </P> <P> Congress may establish "legislative courts," which do not take the form of judicial agencies or commissions, whose members do not have the same security of tenure or compensation as the constitutional court judges . Legislative courts may not exercise the judicial power of the United States . In Murray's Lessee v. Hoboken Land & Improvement Co. (1856), the Supreme Court held that a legislative court may not decide "a suit at the common law, or in equity, or admiralty," as such a suit is inherently judicial . Legislative courts may only adjudicate "public rights" questions (cases between the government and an individual and political determinations). </P> <Table> <Tr> <Td> <Dl> <Dt> Legislative </Dt> </Dl> <Ul> <Li> Writes and enacts laws </Li> <Li> Enacts taxes, authorizes borrowing, and sets the budget </Li> <Li> Has sole power to declare war </Li> <Li> May start investigations, especially against the executive branch </Li> <Li> The Senate considers presidential appointments of judges and executive department heads </Li> <Li> The Senate ratifies treaties </Li> <Li> The House of Representatives may impeach, and the Senate may remove, executive and judicial officers </Li> <Li> Creates federal courts except for the Supreme Court, and sets the number of justices on the Supreme Court </Li> <Li> May override presidential vetoes </Li> </Ul> </Td> <Td> </Td> <Td> <Dl> <Dt> Executive </Dt> </Dl> <Ul> <Li> May veto laws </Li> <Li> Vice president presides over the Senate </Li> <Li> Wages war at the direction of Congress (Congress makes the rules for the military) </Li> <Li> Makes decrees or declarations (for example, declaring a state of emergency) and promulgates lawful regulations and executive orders </Li> <Li> Influences other branches of its agenda with the State of the Union address . </Li> <Li> Appoints judges and executive department heads </Li> <Li> Has power to grant pardons to convicted persons, except in cases of impeachment </Li> <Li> Executes and enforces orders of the court through federal law enforcement . </Li> </Ul> </Td> <Td> </Td> <Td> <Dl> <Dt> Judicial </Dt> </Dl> <Ul> <Li> Determines which laws Congress intended to apply to any given case </Li> <Li> Determines whether a law is unconstitutional . (The power of judicial review is not expressly granted in the Constitution, but was held by the judiciary to be implicit in the constitutional structure in Marbury v. Madison (1803).) </Li> <Li> Determines how Congress meant the law to apply to disputes </Li> <Li> Determines how a law acts to determine the disposition of prisoners </Li> <Li> Determines how a law acts to compel testimony and the production of evidence </Li> <Li> Determines how laws should be interpreted to assure uniform policies in a top - down fashion via the appeals process, but gives discretion in individual cases to low - level judges . (The amount of discretion depends upon the standard of review, determined by the type of case in question .) </Li> <Li> Polices its own members </Li> </Ul> </Td> </Tr> </Table>

Where does it talk about checks and balances in the constitution