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How can the judicial branch check the power of the legislative branch?

A. None of the above
B. By declaring a law unconstitutional
C. By impeaching the president
D. By vetoing laws

1 Answer

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Final answer:

The judicial branch can check the power of the legislative branch by declaring laws unconstitutional, a power established by the Supreme Court's ruling in Marbury v. Madison. This system of judicial review is a central aspect of the checks and balances that maintain equilibrium among the branches of the U.S. government.

Step-by-step explanation:

Checks and Balances in the United States Government:

The judicial branch can check the power of the legislative branch by declaring a law unconstitutional. This power, known as judicial review, was established in the landmark Supreme Court case of Marbury v. Madison in 1803. By evaluating laws passed by Congress, the Supreme Court has the authority to ensure that legislation adheres to the Constitution. If a law is found to be unconstitutional, the judicial branch thereby prevents it from being enforced, acting as a crucial balance to the legislative power.

In response to a court ruling that overturns a law, Congress has the option to rewrite the law or initiate a constitutional amendment process. This indicates the intricate system of checks and balances designed by the Founding Fathers, inspired by the philosophical ideas of Baron Montesquieu, to maintain equilibrium among the branches of government and prevent any single branch from gaining too much power.

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