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How can the Supreme Court use judicial review to keep other parts of the government in check?

The Supreme Court can declare the president's actions unconstitutional.

The Supreme Court can impeach the president.

The Supreme Court can declare war.

The Supreme Court can declare a bill unconstitutional.

User Sherin Mathew
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2 Answers

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21 votes

Final answer:

The Supreme Court uses judicial review to declare laws and executive actions unconstitutional, thus maintaining checks and balances. Established by Marbury v. Madison, it helps prevent any branch from having unchecked power. The Court acts with restraint to maintain its cooperativeness within the government.

Step-by-step explanation:

The Supreme Court uses its power of judicial review to keep the other branches of government in check. This power enables the Court to declare laws and actions by the legislative and executive branches unconstitutional. For example, the Supreme Court can declare a president's actions unconstitutional if they violate the U.S. Constitution, however, it does not have the power to impeach the president, declare war, or directly overturn laws; rather, it can only declare them invalid.

Established in the landmark case Marbury v. Madison in 1803, judicial review has allowed the Supreme Court and lower courts to review and potentially nullify the actions of both federal and state governments. This system of checks and balances is essential for preventing any single branch from exercising unchecked power.

While the power of judicial review is substantial, the Supreme Court often acts with restraint and recognizes its role within a system of cooperative governance. It typically opts for less confrontational means of influencing legislation, and though it can interpret the Constitution, there are limits to this interpretation when the Constitution's text is unambiguous.

User Jmarkmurphy
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19 votes
19 votes

Answer:

The Supreme Court can declare the president's actions unconstitutional.

User Kalpesh Lakhani
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