What happens when one branch of government assumes too much power?

Question

In a system where we have three separate but equal branches of government, what give the supreme court the power to overrule the will of the other two branches of government?

The legislative and executive branch came together (at the request of the judicial branch) and decided what to do with the gitmo detainees.

Now the judicial branch decides to overrule this act.

What recourse do the other two equal branches of government have when the judicial branch assumes too much power?

Answer 1

To answer your question directly: Grab hold to the saddle and hold onto the bridle, because all h***s about to break loose.

What the more exact answer is, well, won't really matter -- because you, as we all, will be unable to fix it.

Answer 2

Even though I disagree with the nature of the question (the idea that the Gitmo detainees have no rights), I can see how it is a valid question.

Two courses of action can take place. 1. Congress can make an amendment to the Constitution. 2. The Executive Branch doesn't have to enforce the ruling (this has happened several times in history, most well-known would have been desegregation).

In answer to your hidden question. The Supreme Court was given the right of Judaical Review (declaring something unconstitutional) in the same document that gave the other two powers. It was well within their rights.

Answer 3

Supposedly they are to go back and rework the problems until all are in agreement within the rules set forth in the Constitution and Bill of the Rights.

Answer 4

In our government no one branch can assume more power than the other because we go by a system of checks and balances or something along that line.