How does the Supreme Court limit the power of legislative branch select all that applies
The Supreme Court can limit the power of the legislative branch in several ways:
1. Judicial review: The Supreme Court has the power to review laws passed by the legislative branch and declare them unconstitutional if they violate the Constitution. This power was established in the landmark case of Marbury v. Madison in 1803.
2. Interpretation of the Constitution: The Court determines the meaning and intent of the Constitution and can interpret it in a way that restricts the legislative branch's power. For example, the Court may interpret certain provisions of the Constitution to limit the scope of legislation.
3. Overturning laws: If the Supreme Court determines that a law passed by the legislative branch violates the Constitution, they can overturn or strike down that law. This decision sets a precedent and prevents similar legislation from being enacted in the future.
4. Balancing federal and state powers: The Court interprets the division of powers between the federal and state governments. If the legislative branch exceeds its authority and encroaches on the powers reserved for the states, the Court can limit or invalidate such legislation.
5. Protecting individual rights: The Court plays a crucial role in safeguarding individual rights from potential infringements by the legislative branch. For instance, the Court can invalidate laws that infringe upon the First Amendment rights such as freedom of speech, religion, and assembly.
6. Prohibition of ex post facto laws: The Supreme Court can prohibit the legislative branch from passing ex post facto laws, which are laws that retroactively criminalize conduct that was legal when it occurred. This restriction ensures fairness and due process.
It should be noted that the Court's power to limit the legislative branch is not absolute, and the composition of the Court can influence its decisions. Moreover, the legislative branch still holds significant power to pass laws as long as they adhere to constitutional limitations.