How is the Supreme Court able to check the other branches using judicial review?
A. The Supreme Court uses judicial review to check acts of Congress and executive orders of the president.
B. The Supreme Court uses judicial review to check the executive branch and orders issued by the president.
C. The Supreme Court uses judicial review to check laws passed by Congress.
D. The Supreme Court uses judicial review to check all acts by the other branches of government.
A. The Supreme Court uses judicial review to check acts of Congress and executive orders of the president.
A. The Supreme Court uses judicial review to check acts of Congress and executive orders of the president.
The correct answer is option A: The Supreme Court uses judicial review to check acts of Congress and executive orders of the president.
The Supreme Court's power of judicial review is not explicitly mentioned in the Constitution but was established through the landmark case of Marbury v. Madison in 1803. Judicial review allows the Supreme Court to determine the constitutionality of laws and actions taken by the other branches of government.
To understand how the Supreme Court is able to check the other branches using judicial review, consider these steps:
1. A case involving a constitutional question must first come before the Supreme Court. This can happen when someone challenges the constitutionality of a law or an action taken by the executive branch.
2. The Supreme Court reviews the case and examines the relevant constitutional provisions, previous court decisions, and legal arguments presented by the parties involved.
3. Using judicial review, the Supreme Court determines whether the law or action in question is consistent with the Constitution. If the Court finds that it violates the Constitution, it can declare it unconstitutional and therefore invalid.
4. This declaration of unconstitutionality serves as a check on the other branches. If the Court determines that a law passed by Congress or an executive order issued by the president is unconstitutional, it effectively nullifies it.
By utilizing the power of judicial review, the Supreme Court ensures that the other branches of government do not exceed their constitutional authority and acts as a final arbiter in disputes over the meaning and application of the Constitution.