GED Social Studies TestCivics and GovernmentHard
A legal scholar is analyzing the landmark Supreme Court case *Marbury v. Madison* (1803). The scholar concludes that this case was pivotal because it established the judiciary's authority to review and strike down laws deemed unconstitutional. This power is known as:
- AStare Decisis
- BAmicus Curiae
- CJudicial Review
- DHabeas Corpus
Show answer & explanationAnswer & explanation
Correct answer: C. Judicial Review
*Marbury v. Madison* is the foundational case that established the principle of judicial review, granting the Supreme Court the authority to declare acts of the legislative or executive branches unconstitutional.
Why the other options are wrong
- A. Stare Decisis is the legal principle of following precedent, meaning courts should stand by previous decisions, not the power to declare laws unconstitutional.
- B. Amicus Curiae refers to 'friend of the court' briefs filed by parties not directly involved in a case but with an interest in its outcome, unrelated to the power described.
- D. Habeas Corpus is a legal writ requiring a person under arrest to be brought before a judge or into court, not the power to strike down laws.
Judicial Review (*Marbury v. Madison*)
The power of the Supreme Court (and lower courts) to determine if laws or government actions violate the U.S. Constitution, established by *Marbury v. Madison*.
- Not explicitly mentioned in the Constitution
- Makes the judiciary a co-equal branch of government
- Ensures the Constitution is the supreme law of the land
Memory trick: Judicial Review: The court 'reviews' laws to make sure they're 'just' right.