Question

What is the principle of judicial review? Question 4 options: The power of the Supreme Court to declare an act of another branch unconstitutional. The power of the Supreme Court to declare war. The power of the Supreme Court to make laws. The power of the Supreme Court to enforce laws.

Answer 1

Judicial review is the Supreme Court's power to declare acts of the other branches of government or the states unconstitutional, ensuring adherence to the U.S. Constitution.

Step-by-step explanation:

The principle of judicial review is the power of the Supreme Court to examine and determine the constitutionality of actions taken by the other branches of government, or the states. This monumental power was established in the landmark Supreme Court case of Marbury v. Madison in 1803, which was the first instance where the Court declared an act of Congress to be unconstitutional. The principle signifies the court's ability to nullify any legislative or executive action that is found to breach the principles laid out in the U.S. Constitution.

Although not explicitly mentioned in the Constitution, judicial review forms a critical component of the system of checks and balances, enabling the judiciary to check the other branches of government and ensure that all laws adhere to the constitution. It is a power also wielded by lower federal courts and state courts. Throughout history, the use of judicial review has reinforced the courts' role as a guardian of constitutional principles.

Answer 2

Judicial review is the power of the courts, including the Supreme Court, to examine and potentially invalidate legislative and executive actions that violate the Constitution. This principle, which was formalized in Marbury v. Madison in 1803, is intrinsic to the system of checks and balances in the U.S. government. The correct answer is The power of the Supreme Court to declare an act of another branch unconstitutional.

Step-by-step explanation:

Principle of Judicial Review

The principle of judicial review is the power of the Supreme Court and lower courts to examine the actions of the legislative and executive branches of government and determine whether these actions are Constitutional. Established by the landmark case Marbury v. Madison in 1803, judicial review allows the courts to render a law or an official governmental act void if it is found to be unconstitutional. In terms of official options given, the correct answer to the student's question is the power of the Supreme Court to declare an act of another branch unconstitutional.

This is a critical component of the checks and balances system designed to prevent any one branch of the U.S. government from becoming too powerful. While the concept of judicial review is not explicitly mentioned in the Constitution, it has been a fundamental aspect of the judicial system since its assertion by Chief Justice John Marshall.