GED Social Studies TestCivics and GovernmentMedium
A federal judge is presiding over a case where a new law passed by Congress is being challenged as unconstitutional. The judge must decide whether the law aligns with the principles and limits established by the U.S. Constitution. This power of the judiciary to review and potentially invalidate laws is known as:
- AJudicial Review
- BStare Decisis
- CHabeas Corpus
- DExecutive Privilege
Show answer & explanationAnswer & explanation
Correct answer: A. Judicial Review
Judicial review is the power of the courts, especially the Supreme Court, to determine whether acts of the legislative and executive branches are consistent with the U.S. Constitution. This power was established in Marbury v. Madison.
Why the other options are wrong
- B. Stare decisis is the principle of adhering to precedent in legal decisions.
- C. Habeas corpus is a legal writ requiring a person under arrest to be brought before a judge.
- D. Executive privilege is the right of the President to withhold information from other branches.
Judicial Review
Judicial review is the power of the Supreme Court and lower courts to determine if a law, treaty, or government action violates the U.S. Constitution.
- Established by the landmark Supreme Court case Marbury v. Madison (1803)
- Allows the judiciary to act as a check on legislative and executive power
- Ensures the Constitution remains the supreme law of the land
- Not explicitly mentioned in the Constitution, but inferred
Memory trick: Judges review laws to ensure justice.