Judicial Review

Which of the following are true about judicial review?

• One concern is that judicial review gives courts the power to overturn laws passed by elected representatives.

• The executive and legislative branches of government operate with implied powers like judicial review that are not explicitly defined in the constitution.

• Both answers are true.

Answer explanation

All the following are subject to the Supreme Court’s judicial review EXCEPT

• Presidential actions and executive orders

• The Bill of Rights

• Congressional laws

• State actions and state laws

Answer explanation

One concern regarding judicial review is that judicial review

• gives courts the power to overturn laws passed by elected representatives.

• is that states can ignore Supreme Court decisions.

• is not used often enough to keep the president and congress in check.

Answer explanation

The Supreme Court declares laws unconstitutional

• all the time

• rarely

• once a year

Answer explanation

What is the primary function of Judicial Review?

• To appoint Supreme Court Justices

• To enforce federal laws directly

• To examine and possibly invalidate actions by legislative and executive branches

• To review lower court decisions

In which case did the Supreme Court grant itself the power of Judicial Review?

• Rasul vs. Bush

• U.S. vs. Nixon

• Brown vs. Board of Education

• Marbury vs. Madison

Why is Judicial Review considered a check on the legislative and executive branches?

• It allows the Supreme Court to elect members of Congress

• It allows the Supreme Court to enforce laws

• It grants the Supreme Court legislative powers

• It enables the Supreme Court to declare laws unconstitutional

Which of the following is NOT reviewed under Judicial Review?

• Congressional laws

• State actions

• Federal bureaucratic agencies

• Election outcomes

How does the Supreme Court typically handle actions of federal bureaucratic agencies?

• By ignoring their actions completely

• By deferring to the agencies' expertise if consistent with legislative intent

• By always striking down their actions

• By taking over the agencies' functions

Which of the following best describes the concept of judicial review?

• A) The power of courts to interpret laws

• B) The power of courts to declare laws unconstitutional

• C) The power of courts to enforce laws

• D) The power of courts to create laws