unit 2.8 quiz

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How does the principle of judicial review check the power of the other branches and state government?

Judicial review is the power of the courts, especially the Supreme Court, to decide if a law or government action violates the Constitution. If something is unconstitutional, the Court can strike it down. This lets the judiciary check Congress by overturning laws, check the President by blocking executive actions, and check the states by invalidating state laws that conflict with the Constitution. For example, Brown v. Board of Education forced states to end school segregation, showing how judicial review limits state power.

The case of Marbury v. Madison (1803) established judicial review. In that case, Chief Justice John Marshall explained that if a law conflicts with the Constitution, the Constitution is the highest law and must be followed. Judicial review is important because it makes sure no branch or state acts above the Constitution, though the Court depends on the other branches to enforce its rulings.

How has the Supreme Court's use of judicial review in conjunction with life tenure led to debates about the legitimacy of the court?

The Supreme Court has the power of judicial review, meaning it can strike down laws and actions it finds unconstitutional. Because justices also have life tenure, they can make decisions for decades without being removed by elections. This combination gives the Court enormous and long-lasting influence over government policy. Over time, the Court’s use of judicial review has shown both continuity and change: the Court continues to defend the Constitution, but the specific rulings often reflect the views of the justices at that time.

This has led to debates about legitimacy. Supporters say life tenure protects judicial independence, allowing justices to rule according to the Constitution instead of politics. Critics argue that unelected justices with lifetime power can impose their personal views for generations, even against majority opinion or elected officials. Because judicial review lets the Court overturn laws and state actions, some people see it as too powerful, while others see it as necessary to check the other branches. These debates show how the Court’s structure and power affect whether the public views it as legitimate.

What issues led to debates about the legitimacy of the court and how can other branches limit Supreme Court power?

Debates about the Court’s legitimacy often come from controversial decisions where the justices appear divided or seem to reflect politics rather than neutral law. Because the justices have life tenure and judicial review, critics argue they hold too much power for unelected officials. This creates questions of legitimacy, especially when rulings overturn popular laws or long-standing precedents. Supporters, however, say the Court’s independence is what allows it to uphold the Constitution even when unpopular.

The other branches do have ways to limit the Court. The executive branch checks the Court by enforcing or choosing not to enforce rulings, nominating justices to fill vacancies, and granting pardons in certain cases. The legislative branch can limit the Court by confirming or rejecting judicial nominees, controlling the size and structure of the Court, passing new laws or amendments to overturn decisions, and using impeachment to remove judges who commit misconduct. These checks keep the Court from being completely above the other branches.

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