VirtualSC Honors Government Practice Exam

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The process by which the Supreme Court determines the constitutionality of a legislative act is known as what?

Judicial review

The process through which the Supreme Court assesses whether legislative acts align with the Constitution is called judicial review. This foundational principle allows the Court to invalidate laws and executive actions that it finds unconstitutional. Judicial review emerged from the landmark case Marbury v. Madison in 1803, establishing the judiciary's role as a check on legislative and executive powers.

Judicial review is a critical mechanism in maintaining the supremacy of the Constitution and ensuring that no branch of government exceeds its authority. This process not only reinforces the rule of law, but it also protects individual rights by allowing courts to strike down laws that may infringe upon constitutional guarantees. The power of judicial review is a necessary aspect of the balance of powers within the government, ensuring that all laws adhere to the Constitution's principles.

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Legislative power

Executive order

Constitutional analysis

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