Table of Contents
- 1 What is the name for the power of a court to strike down a law that goes against the Constitution?
- 2 Who has the power to strike down a law and declare it unconstitutional?
- 3 When a court interprets and overturns the actions of the executive and legislative branches it is engaged in which of the following actions?
- 4 What is federalism with government power?
What is the name for the power of a court to strike down a law that goes against the Constitution?
judicial review
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
What power do judges use to interpret laws?
The ability to decide if a law violates the Constitution is called judicial review. It is this process that the judiciary uses to provide checks and balances on the legislative and executive branches. Judicial review is not an explicit power given to the courts, but it is an implied power.
Who has the power to strike down a law and declare it unconstitutional?
The most extensive discussion of judicial review was in Federalist No. 78, written by Alexander Hamilton, which clearly explained that the federal courts would have the power of judicial review. Hamilton stated that under the Constitution, the federal judiciary would have the power to declare laws unconstitutional.
Where judges strike down laws or reverse public policy is called?
Judicial review is the doctrine where legislative and executive actions are subject to review by the judiciary.
When a court interprets and overturns the actions of the executive and legislative branches it is engaged in which of the following actions?
When a court interprets and overturns the actions of the executive and legislative branches, it is engaged in which of the following actions? writ of habeas corpus. You just studied 14 terms!
What is activist approach?
activist approach. The idea that judges should amplify the vague language of the Constitution on the basis of their moral or economic philosophy and apply it to the case before them. amicus curiae. A means by which one who has an interest in a case but is not directly involved can present arguments in favor of one side.
What is federalism with government power?
Federalism limits government by creating two sovereign powers—the national government and state governments—thereby restraining the influence of both.