How is the Supreme Court able to check the other branches using judicial review? (1 point)
The Supreme Court uses judicial review to check acts of Congress and executive orders of the president.
The Supreme Court uses judicial review to check laws passed by Congress.
The Supreme Court uses judicial review to check the executive branch and orders issued by the president.
The Supreme Court uses judicial review to check all acts by the other branches of government.
The Supreme Court uses judicial review to check all acts by the other branches of government.
The correct answer is: The Supreme Court uses judicial review to check all acts by the other branches of government.
The correct answer is: The Supreme Court uses judicial review to check the constitutionality of laws passed by Congress, executive orders of the president, and acts by the other branches of government.
To understand how the Supreme Court is able to perform judicial review and check the other branches of government, it is important to have an understanding of the principles of the US Constitution.
The principle of checks and balances is a fundamental aspect of the United States government. It is designed to prevent the concentration of power in any one branch and to ensure that each branch has the ability to oversee and limit the actions of the other branches.
Judicial review is the power of the Supreme Court to review and declare the constitutionality of laws or executive actions. This power was established by the landmark Supreme Court case Marbury v. Madison in 1803.
To exercise judicial review, the following process typically occurs:
1. A case is brought before the Supreme Court: In order for the Supreme Court to review the constitutionality of a law or executive action, a case must be brought before the Court. This usually happens when someone, such as an individual or organization, challenges the law or action in court.
2. Constitutional interpretation: The Supreme Court examines the law or action in question and interprets the relevant provisions of the Constitution. The Court looks at the language and intent of the Constitution to determine if the law or action is in line with the Constitution's provisions.
3. Evaluation of constitutionality: Based on its interpretation of the Constitution, the Supreme Court evaluates whether the law or action is constitutional. If the Court finds that the law or action violates the Constitution, it can declare it as unconstitutional.
4. Issuing a ruling: Once the Court has determined the constitutionality of the law or action, it issues a ruling. This ruling becomes binding and establishes precedent for future cases.
Through this process of judicial review, the Supreme Court acts as a check on the other branches of government by ensuring that their actions follow the principles and provisions of the Constitution. The Court has the power to overturn laws or executive orders that it deems to be unconstitutional, thereby preventing the abuse or overreach of power by the other branches. This is how the Supreme Court uses judicial review to check the other branches of government.