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Courts may review/overturn state/federal laws on the basis of constitutional validity.

a) True
b) False

1 Answer

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Final answer:

True, courts in the United States have the power to review and overturn state/federal laws if they are deemed unconstitutional. This authority is known as judicial review, which was established by the U.S. Supreme Court in Marbury v. Madison. Although a significant power, it has been used sparingly in the history of U.S. law.

Step-by-step explanation:

Courts may review/overturn state/federal laws on the basis of constitutional validity. The answer is a) True. In the United States, the notion of judicial review grants federal and state courts the authority to evaluate the constitutionality of legislation relative to cases within their jurisdiction. This process means that they assess whether a law aligns with the Constitution and its principles.

The concept of judicial review was authoritatively established through the Supreme Court case of Marbury v. Madison in 1803, which affirmed the courts' ability to review and possibly invalidate legislative and executive actions. It's important to understand that while judicial review allows courts to establish quasi-legislation, it is employed infrequently, reflecting the courts' respect for legislative processes. To date, the U.S. Supreme Court has only invalidated a very small percentage of federal and state laws relative to the number passed.

Moreover, the balance of powers is maintained through various checks and balances, with the legislative branch able to respond to court decisions. A pertinent example is when Congress can rewrite a law that the courts have previously ruled as unconstitutional. Additionally, the Senate must approve judicial appointments, adding another layer of legislative oversight over the judiciary.

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