Question

The power of the courts to determine whether a law or action by the other branches of government is constitutional is called __________.

a. appellate review of fact
b. habeas corpus
c. judicial review
d. precedent
e. the writ of judicial appeal

Answer 1

Judicial review is the power of the courts to assess and potentially invalidate laws and government actions that are contrary to the Constitution, established by the Supreme Court in Marbury v. Madison.

Step-by-step explanation:

The power of the courts to determine whether a law or government action is constitutional is known as judicial review. This concept is a cornerstone of the system of checks and balances within the U.S. government and was established by the Supreme Court case Marbury v. Madison in 1803. Though not explicitly mentioned in the Constitution, judicial review has become an essential function of the judicial system, allowing courts at all levels to review and potentially nullify laws and actions by other branches if found to be unconstitutional. Marbury v. Madison specifically is the landmark case that asserted this power.

Supreme Court and Judicial Review

The power of judicial review enables the Supreme Court to declare acts of Congress or the Executive Branch unconstitutional, thus preventing them from taking effect. This power is also held by lower federal courts and state courts, extending the possibility of review to all levels of government actions and legislation. This significant authority ensures that governmental powers are subject to the ultimate law of the land, the Constitution.