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Determine whether a president's actions violate the constitution.
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RafaB. Determine wether a presidents action...
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Why is judicial review an important function of the US Supreme Court?
Mainly because without judicial review the Constitution would be nothing but a piece of paper. The Constitution states that it is the supreme law of the land. There has to be an authority to decide whether a particular law is constitutional or unconstitutional. If not, then the legislative branch would be free to pass any law without regard to its constitutionality. Judicial authority has always included the power to interpret laws. The Constitution gives the Judicial branch power over all cases arising under the Constitution. The courts must be able to interpret both the Constitution and laws and to determine whether one prohibits the other.
What does judicial review give the US Supreme Court the power to do?
B. protect citizens from being tried under unconstitutional laws -APEX
How has the use of judicial review strengthened the US Supreme Court?
AnswerIn the U.S. Supreme Court, the power of judicial review gives the court the ability to at least pronounce that a law passed by the legislature does not comply with the Constitution. First begun with Marbury v. Madison, (1803) the Supreme Court can invalidate a legislative action purely based on the Court's opinion of what the Constitution requires.Judicial review expanded the power of the Supreme Court because it gave them the power to declare laws passed by Congress (or in the case of a State Supreme Court, laws passed by a state legislature) to be unconstitutional - that's a huge power to have.While the framers clearly intended the Supreme Court to have the power to declare laws passed by the states to be unconstitutional, they never said anything about federal judicial review - the debate concerning that has been going on for quite some time). That said, Marshall was able to pull off an incredible victory from what appeared to be certain defeat. This was largely due the Chief Justice's brillant interpretation of the Constitution, and the role of the courts.For more information, see Related Questions, below.
Does judicial review give the Judicial branch of the US government the power to veto legislation?
AnswerThe judicial branch does not have the power to veto any legislation; however they can use judicial review to label properly challenged legislation unconstitutional. "Properly challenged" means someone who has been directly and significantly injured by the legislation files suit in court, and the case is eventually appealed to the Supreme Court. If a law is never challenged, the Supreme Court has no way to declare it unconstitutional.A good way to remember this is a football game. The two teams represent the executive and legislative branches and as they are fighting to pass laws and veto laws the judicial branch (the referees) are making sure the players are following the rules.
What is the independence of judicial branch ensured by?
The independence of the judicial branch is ensured by checks and balances. Checks and balances ensures that all three branches of government have power, but not too much. It gives all branches independence, but prevents control by a single branch. Article 3, Section 1
