Judicial review is the power of which branch?

Study for the Maryland HSA Government Test. Practice with flashcards and multiple choice questions; each has hints and explanations. Prepare effectively for your exam!

Multiple Choice

Judicial review is the power of which branch?

Explanation:
Judicial review is the power to interpret laws and decide whether actions by the legislative or executive branches conform to the Constitution. This authority belongs to the judiciary, and in the United States it is exercised most prominently by the Supreme Court, which has the final say on constitutional questions. The concept was established in Marbury v. Madison, which clarified that federal courts can strike down laws or executive actions that violate the Constitution. While lawmakers and the president shape and carry out laws, they do not have the power to declare them unconstitutional—that power rests with the courts, with the Supreme Court at the top of the judicial branch. Lower federal and state courts also perform this function within their jurisdictions, but the highest court is the key institution for judicial review.

Judicial review is the power to interpret laws and decide whether actions by the legislative or executive branches conform to the Constitution. This authority belongs to the judiciary, and in the United States it is exercised most prominently by the Supreme Court, which has the final say on constitutional questions. The concept was established in Marbury v. Madison, which clarified that federal courts can strike down laws or executive actions that violate the Constitution. While lawmakers and the president shape and carry out laws, they do not have the power to declare them unconstitutional—that power rests with the courts, with the Supreme Court at the top of the judicial branch. Lower federal and state courts also perform this function within their jurisdictions, but the highest court is the key institution for judicial review.

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