Military And Government Knowledge – U.S. History, Leadership, And Customs Practice Exam

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Which constitutional principle allows courts to strike down laws or executive actions that violate the Constitution?
Correct Answer:
Judicial review
Explanation:
Judicial review is the authority of the courts to examine laws and executive actions and strike them down if they violate the Constitution. This power keeps the government within constitutional bounds and protects rights by ensuring that nothing the legislative or executive branches do conflicts with the supreme law. While separation of powers describes how government powers are divided among branches and federalism describes the distribution between state and national authorities, neither alone provides the mechanism to invalidate unconstitutional acts; that specific power rests with the judiciary. The idea that there is no mechanism to prevent tyranny isn’t accurate—the system of judicial review serves as a check on both Congress and the President by allowing courts to nullify actions that don’t align with the Constitution, a principle crystallized in cases like Marbury v. Madison.

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