Question

The Supreme Court's decision in Marbury v. Madison established that the Supreme Court had the power to determine the constitutionality of acts of Congress. What is the term for that power? A. judicial activism B. judicial authority C. judicial responsibility D. judicial review

Short answer

D. judicial review

Step-by-step solution

- Understand the Exercise

Carefully read the exercise to grasp what it is asking for. It mentions the Supreme Court's decision in Marbury v. Madison and the power established by that decision.

- Recall Key Historical Context

Remember that Marbury v. Madison is a landmark case from 1803. This case is where the Supreme Court first asserted its power to determine the constitutionality of acts of Congress.

- Identify the Term

Having established that Marbury v. Madison is about determining the constitutionality of laws, identify the correct term related to this power from the given choices: A. judicial activism, B. judicial authority, C. judicial responsibility, D. judicial review.

- Analyze the Options

Analyze each option to see which term best fits the described power. Judicial activism refers to judges making decisions based on personal views, judicial authority refers to the general power of the judiciary, judicial responsibility is about the duties of the judiciary, and judicial review is the specific power to review the constitutionality of laws.

- Make the Selection

Based on the analysis, the correct term that describes the power to determine the constitutionality of acts of Congress is 'judicial review.'

Key concepts

judicial review

Judicial review is the principle allowing courts to determine the constitutionality of legislative enactments and actions by the executive branch. In the landmark case Marbury v. Madison in 1803, the U.S. Supreme Court, under Chief Justice John Marshall, established this key function. This means courts have the final say on what the laws of the land are and whether they adhere to the Constitution.

Here’s why judicial review is crucial:

• Ensures that laws and government actions comply with the Constitution.
  
• Provides a check and balance on legislative and executive branches of government.
  
• Protects individual rights and liberties by preventing unconstitutional laws from being enforced.

Understanding judicial review helps you grasp why courts can overturn laws that contradict the Constitution. This principle is fundamental in upholding the rule of law and maintaining a constitutional democracy.

Supreme Court

The Supreme Court is the highest court in the United States, and its decisions are final. Established by Article III of the U.S. Constitution, it serves as the ultimate judicial authority in the country. Here are some essential features of the Supreme Court:

• It has nine justices, including the Chief Justice.
  
• It only hears cases of significant importance, often involving constitutional interpretation.
  
• Its decisions set precedents that lower courts must follow.

The Supreme Court plays a vital role in interpreting laws and ensuring they align with the Constitution. Through cases like Marbury v. Madison, the Court cemented its role in safeguarding constitutional principles and protecting individual rights.

constitutionality

Constitutionality refers to whether an action, statute, or part of a law agrees with the U.S. Constitution. Whenever there is a question of whether a law violates the Constitution, it is up to the judiciary to decide. This is where judicial review comes into play.

Assessing constitutionality involves:

• Examining whether a law aligns with the specific text of the Constitution.
  
• Interpreting the broader principles and purposes behind the constitutional provisions.
  
• Considering precedents from prior judicial decisions.

The Court’s determination of a law's constitutionality can have far-reaching implications, affecting everything from individual rights to the balance of power among government branches. This process ensures that all actions by the government stay within the framework of the Constitution.