Question

Which principle of the constitution enables the supreme court to strike down legislation?

1) Judicial Review
2) Separation of Powers
3) Federalism
4) Due Process

Answer 1

Answer: Judicial Review

Step-by-step explanation:

The principle of the constitution that enables the Supreme Court to strike down legislation is Judicial Review. This power allows the Court to declare a Legislative or Executive act in violation of the Constitution, as established in the case of Marbury v. Madison (1803) While Separation of Powers and Federalism are important principles in the U.S. Constitution, it is the power of judicial review that specifically allows the Supreme Court to invalidate laws that are found to be in violation of the Constitution.

Answer 2

Judicial review is the power of the courts to overturn laws or other actions of Congress and the Executive Branch based on their constitutionality. The Supreme Court established this power in the case of Marbury vs. Madison. It is rarely used.

Step-by-step explanation:

Judicial review is the power of the courts to overturn laws or other actions of Congress and the Executive Branch based on their constitutionality. This principle allows courts to establish quasi-legislation (legislation created from the bench) which often leads to accusations of "judicial activism". The Constitution is actually silent on the subject of judicial review, so the Supreme Court gave itself and lower courts the power of judicial review in the case of Marbury vs. Madison. Judicial review is rarely used, with the Court striking down only around 170 national laws and around 1400 state laws in its more than 200-year history.