What doctrine gives the Supreme Court the authority to check the executive and legislative branches?(1 point) Responses Marbury v. Madison Marbury v. Madison judicial review judicial review original jurisdiction original jurisdiction appellate jurisdiction appellate jurisdiction
The correct answer is: Marbury v. Madison judicial review
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." This doctrine was established by the landmark Supreme Court case Marbury v. Madison in 1803.
To understand why Marbury v. Madison established the doctrine of judicial review, it's important to know the background. In the early years of the United States, there was a dispute over the appointment of judges by President John Adams in the last days of his presidency. One of these appointments was that of William Marbury, who was supposed to be a justice of the peace in the District of Columbia.
However, the newly elected President, Thomas Jefferson, instructed his Secretary of State, James Madison, not to deliver the appointment documents to Marbury. As a result, Marbury filed a lawsuit, seeking a writ of mandamus from the Supreme Court to force Madison to deliver his commission.
In the Supreme Court's ruling of Marbury v. Madison, Chief Justice John Marshall established an important precedent. While the Court ultimately could not grant Marbury's request, Marshall declared that the section of the Judiciary Act of 1789, which allowed the Court to issue the writ of mandamus, was unconstitutional. In doing so, the Court claimed the power of judicial review, which gives it the authority to declare acts of the legislative and executive branches unconstitutional.
In other words, judicial review allows the Supreme Court to interpret the Constitution and determine whether the actions of the other branches are constitutional. This power has been used throughout history to check the actions of both the executive and legislative branches.
In summary, the doctrine of judicial review, established by the Supreme Court case Marbury v. Madison, gives the Court the authority to check the executive and legislative branches by interpreting the Constitution and declaring their actions unconstitutional if necessary.