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Why is judicial review such an important power for the supreme court to have?

User Mikael
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Final answer:

Judicial review is integral to the Supreme Court's role in upholding the Constitution and maintaining checks and balances. Established by Marbury v. Madison, it allows the Court to declare laws unconstitutional, ensuring that legislative and executive actions adhere to constitutional principles.

Step-by-step explanation:

The Importance of Judicial Review for the Supreme Court

Judicial review is a vital function in the United States legal system that allows the Supreme Court to scrutinize the constitutionality of legislative and executive actions. Established in the landmark case of Marbury v. Madison in 1803, judicial review is not explicitly stated in the Constitution; however, this power is implied and essential for maintaining the system of checks and balances. By having the authority to declare federal and state laws unconstitutional, the Supreme Court plays a crucial role in protecting individual rights and upholding the core principles of the Constitution.

The power of judicial review serves as a safeguard against the overreach of the other branches of government, ensuring that all laws align with the Constitution's mandates. As part of the separation of powers, it acts as a defense mechanism to protect minority rights and prevents any single branch from becoming too powerful. While the Court uses this power sparingly, having struck down a relatively small number of laws relative to those passed, its presence serves as a significant deterrent and framework for legal scrutiny.

User Doody P
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Judicial review is the power of the court to determine whether a law is consistent with the Constitution, and if it is not, strike it down.


User Steven Ogwal
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