what doctrine gives the supreme court the authority to check the executive and legislative branches
appellate jurisdiction
marbury v. madison
judicial review
original jurisdiction
The doctrine that gives the Supreme Court the authority to check the executive and legislative branches is judicial review.
The doctrine that gives the Supreme Court the authority to check the executive and legislative branches is called judicial review.
The doctrine that gives the Supreme Court the authority to check the executive and legislative branches is called judicial review. To understand this doctrine, it is essential to mention Marbury v. Madison, a landmark Supreme Court case.
Marbury v. Madison, decided in 1803, established the principle of judicial review. In this case, the Supreme Court asserted its power to review acts of Congress and determine their constitutionality. Chief Justice John Marshall, writing the majority opinion, declared that it was the duty of the Court to interpret the Constitution and determine whether laws and executive actions were in line with it.
Judicial review is a fundamental aspect of the United States' system of checks and balances. It grants the judiciary, particularly the Supreme Court, the authority to invalidate laws and executive actions deemed unconstitutional. By doing so, the Court acts as a check on the other branches of government—executive and legislative—ensuring they do not exceed their constitutional powers.
In practice, if a case is brought before the Supreme Court, it exercises its appellate jurisdiction, which means it hears cases on appeal from lower courts. If the Court determines that a law or action is unconstitutional, it can strike it down or declare it null and void.
Therefore, while appellate jurisdiction refers to the authority of the Supreme Court to hear appeals from lower courts, Marbury v. Madison is the specific case that established the doctrine of judicial review granting the Supreme Court the power to check the executive and legislative branches.