USA HISTORY

JACKSONIAN DEMOCRACY 1825 1850

JACKSONIAN AMERICA

Question [CLICK ON ANY CHOICE TO KNOW THE RIGHT ANSWER]
Which of these is the BEST description of the Constitutional principle of “judicial review”?
A
Congress must get Supreme Court approval before passing laws
B
the Supreme Court can remove the President from office
C
states can review the records of federal judges
D
courts can determine if a law can be enforced
Explanation: 

Detailed explanation-1: -Judicial Review is governed by the principle of “Procedure established by law” as given in Article 21 of the Indian Constitution. The law has to pass the test of constitutionality if it qualifies it can be made a law. On the contrary, the court can declare it null and void.

Detailed explanation-2: -Congress did not have power to modify the Constitution through regular legislation because Supremacy Clause places the Constitution before the laws. In so holding, Marshall established the principle of judicial review, i.e., the power to declare a law unconstitutional.

Detailed explanation-3: -judicial review, power of the courts of a country to examine the actions of the legislative, executive, and administrative arms of the government and to determine whether such actions are consistent with the constitution. Actions judged inconsistent are declared unconstitutional and, therefore, null and void.

Detailed explanation-4: -Appointment and Removal of Judges.

Detailed explanation-5: -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).

There is 1 question to complete.