Question

Judicial review permits the Supreme Court __________.

a. to enforce the separation of powers between the branches of government
b. to exercise powers that the founders inferred to in Article I of the Constitution
c. to equally share influence when determining with institutional power of the executive and legislative branch
d. the ability to disrupt the checks and balances the founders intended to equalize the branches of government
e. the power to dominate the other two branches of government and make the judicial branch superior

Answer 1

Judicial review allows the Supreme Court to declare acts of other government branches unconstitutional, reinforcing the system of checks and balances. It was established by the case of Marbury v. Madison and ensures laws and actions adhere to the Constitution.

Step-by-step explanation:

Judicial review permits the Supreme Court b. to exercise powers that the founders inferred to in Article I of the Constitution. Specifically, it allows the Court to examine the constitutionality of the actions taken by the other branches of government and, if necessary, to declare those actions unconstitutional. The use of judicial review serves as a check on the legislative and executive branches, reinforcing the system of checks and balances established by the founders to prevent any one branch from becoming too powerful.

The power of judicial review was not explicitly stated in the original Constitution. However, it was established by the Supreme Court in the landmark case of Marbury v. Madison (1803), when an act of Congress was first declared unconstitutional. This key power of the judiciary ensures that laws and executive actions remain in line with the supreme law of the land, the Constitution.

While judicial review has expanded the role of the judiciary, it is incorrect to say that it gives the Court the power to dominate the other two branches; its purpose is instead to maintain a balance among the three branches of government.