GED Social Studies TestCivics and GovernmentMedium
A group of citizens is concerned about a proposed state law that they believe would violate their rights under the U.S. Constitution. They decide to challenge the law in court. Which principle allows federal courts to declare laws unconstitutional?
- AJudicial Review
- BAmicus Curiae
- CStare Decisis
- DHabeas Corpus
Show answer & explanationAnswer & explanation
Correct answer: A. Judicial Review
Judicial review is the power of the courts to determine whether acts of the legislative and executive branches are consistent with the Constitution. This principle was established in the landmark Supreme Court case Marbury v. Madison.
Why the other options are wrong
- B. Amicus curiae refers to 'friend of the court' briefs filed by parties not directly involved in a case.
- C. Stare decisis is the legal principle of following precedent in similar cases.
- D. Habeas corpus is a legal writ requiring a person under arrest to be brought before a judge or into court.
Judicial Review
The power of the Supreme Court and lower federal courts to determine the constitutionality of laws and actions taken by the legislative and executive branches of government.
- Established in Marbury v. Madison (1803).
- Ensures laws conform to the Constitution.
- A crucial component of checks and balances.
Memory trick: Judges 'Review' laws for constitutionality, 'Stare' at past decisions, and 'Habeas' ensures fair detention.