U.S. Citizenship Civics TestSystem of GovernmentHard
A group of new citizens is discussing the powers of the U.S. government. Which of the following constitutional principles allows the Supreme Court to declare a law unconstitutional?
- APopular Sovereignty
- BChecks and Balances
- CFederalism
- DJudicial Review
Show answer & explanationAnswer & explanation
Correct answer: D. Judicial Review
Judicial review is the power of the Supreme Court, established in Marbury v. Madison, to determine whether a legislative act or executive action complies with the U.S. Constitution. This power allows the Court to declare laws unconstitutional.
Why the other options are wrong
- A. Popular Sovereignty is the principle that the authority of the government is created and sustained by the consent of its people.
- B. Checks and Balances is a broader principle preventing any one branch from becoming too powerful, and judicial review is a specific example of this, but 'Judicial Review' is the more precise answer for declaring laws unconstitutional.
- C. Federalism divides power between national and state governments, but doesn't specifically grant the Court power to declare laws unconstitutional.
Judicial Review
Judicial review is the power of the courts to determine if a law or government action violates the U.S. Constitution, making it unconstitutional.
- Established by Marbury v. Madison (1803).
- Allows Supreme Court to invalidate laws.
- An important check on legislative and executive branches.
Memory trick: Judicial Review 'Reviews' laws for constitutionality.