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overturn an act of congress that violates the constitution - apex
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BlakeB. protect citizens from being tried under unconstitutional laws -APEX
Judicial review gives the US Supreme Court the power to declare laws unconstitutional.
More Specifically:
Judicial review allows the courts to evaluate laws, policies, Executive Orders and US treaties relevant to cases before the court to ensure they're constitutional. The Supreme Court, as the highest appellate court in the federal Judicial Branch, has final authority to determine a law's constitutionality and to overturn, or nullify, any that don't comply with Constitutional principles.
Chief Justice John Marshal interpreted that the Supreme court has the power of judicial review in the case of Marberry v. Madison. The logic was that if congress could pass a law that was against the constitution there was no need for an amendment process, but because the constitution had one that must mean that congress could not pass any law they wanted. He reasoned then that if congress passes a law that did not fit within the constitution the courts could overturn it using judicial review.
the judicial branch got the power of judicial review from the case Marbury vs. Madison. judicial review is the power of the courts to declare a bill unconstitutional, judicial review was used in 13 century law but most courts didn't agree with it. in article three of the constitution it says the supreme court is the denied judicial power( judicial review).Also if the courts don't use judicial review laws that take away our rights would pass.
What was the effect of the Supreme Court case Marbury v Madison?
The US Supreme Court set a standard on the power of judicial review. This meant, that the Court could review governmental actions without a lawsuit to be settled. The Court, on its own volition had the right to review issues that pertained to the US Constitution. In effect, the Court already had the ability or practice of " judicial review". It did not "gain it", it simply used the power the US Constitution gave to the Court.
Where does the Supreme Court get the power of Judicial Review?
From the case of Marbury v. Madison
What term means that the courts have the power to declare a law unconstitutional?
The power of the supreme court to declare a law "unconstitutional" is called Judicial Review. No part of the constitution actually grants this power explicitly to the Supreme Court, but the case of Marbury vs. Madison established this power and has been the accepted precedent for granting the Supreme Court the power of Judicial Review ever since.
What is judicial review and how did the Supreme Court acquire this power?
The power was established in Marbury v Madison. It is important as it allows the Judicial system to check the power of Congress. They review a law to determine if it is unconsititutional.
The US Supreme Court's power of judicial review allows them to deem laws this?
Unconstitutional
