U.S. Citizenship Civics TestSystem of GovernmentHard
A group of new citizens is discussing the concept of 'judicial review.' Which of the following best describes the power of judicial review in the U.S. system of government?
- AThe power of state governors to overturn federal regulations.
- BThe power of the President to veto laws passed by Congress.
- CThe power of Congress to impeach federal judges.
- DThe power of the Supreme Court to declare laws unconstitutional.
Show answer & explanationAnswer & explanation
Correct answer: D. The power of the Supreme Court to declare laws unconstitutional.
Judicial review is the power of the courts, particularly the Supreme Court, to determine whether a law or government action violates the U.S. Constitution. This power was established in the landmark case Marbury v. Madison (1803).
Why the other options are wrong
- A. State governors do not have the power to overturn federal regulations; this would violate the Supremacy Clause.
- B. This describes a presidential check on the legislative branch (veto power).
- C. This describes a legislative check on the judicial branch (impeachment power).
Judicial Review
The power of the U.S. Supreme Court and lower courts to determine whether a law, treaty, or government action is consistent with the U.S. Constitution.
- Power of the judicial branch.
- Declares laws/actions unconstitutional.
- Established by Marbury v. Madison (1803).
Memory trick: Judicial Review: 'Judges review, if unconstitutional, they subdue!'