Which doctrine gives the Supreme Court the authority to check the executive and legislative branches?
Appellate jurisdiction
Original jurisdiction
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."
The doctrine that gives the Supreme Court the authority to check the executive and legislative branches is called "judicial review." Judicial review is not explicitly mentioned in the Constitution but was established by the Supreme Court itself in the landmark case of Marbury v. Madison in 1803.
To understand this doctrine, you can follow these steps:
1. Start by researching the power granted to the Supreme Court by the Constitution. The Constitution outlines the structure and powers of the federal government, including the judiciary.
2. Explore Article III of the Constitution, which establishes the judicial branch. Take note of the authority given to the Supreme Court and its jurisdiction over certain types of cases.
3. Study the concept of constitutional interpretation. Understand that the Supreme Court has the power to interpret the Constitution and determine whether laws or actions of the executive and legislative branches are in line with the Constitution.
4. Look into the Marbury v. Madison case. Learn about the background of the case, the issues at hand, and the Supreme Court's decision. This case is significant because it established the principle of judicial review, asserting the Supreme Court's authority to invalidate laws or actions that are deemed unconstitutional.
5. Understand that through judicial review, the Supreme Court acts as a check on the executive and legislative branches. It can declare laws or executive actions unconstitutional, nullifying or limiting their effect.
By following these steps and conducting further research, you can comprehend the doctrine of judicial review and its role in the Supreme Court's authority to check the executive and legislative branches.