Question

Judicial review __________.

a. is clearly outlined in Article III of the Constitution
b. does not provide judges and justices enough influence over national policy
c. does not provide the courts the power to protect our constitutional rights and liberties
d. is necessary to check Congress's lawmaking authority
e. undermines the major policy-making tools of the federal courts

Answer 1

Judicial review is the power of the courts to declare legislative and executive actions unconstitutional, reinforcing the system of checks and balances. It was established in Marbury v. Madison and is used sparingly. The legislative branch retains checks over the judiciary, including Senate approval of appointments.

Step-by-step explanation:

Judicial review is the power of the courts to evaluate and possibly nullify the actions and laws of the other branches of government and the states if found to be unconstitutional.

While judicial review is not explicitly stipulated in Article III of the Constitution, it was established as a key role of the Supreme Court in the landmark case Marbury v. Madison in 1803. This case set the precedent that acts of Congress that are contrary to the Constitution are not valid.

Judicial review is fundamental in maintaining the checks and balances system that ensures no one branch of the U.S. government gains too much power. Every court in the federal system has the ability to exercise judicial review, making it pivotal in protecting constitutional rights and liberties. The Supreme Court has employed judicial review sparingly, striking down a relatively small percentage of laws in its history.

Checks the legislative branch has over the courts include Senate approval of justices and federal judges, the ability to rewrite laws the courts have declared unconstitutional, and controlling the funding needed to implement court decisions. These checks help maintain the balance of power between the branches of government.