Louisiana Private Investigator Licensing Practice Exam

What power does the US Supreme Court have to declare a statute unconstitutional?

1. Legislative review

2. Judicial review

3. Executive review

4. Constitutional interpretation

The correct answer is: Judicial review

The correct answer is judicial review, which is the power of the courts to examine and invalidate legislative and executive actions that are contrary to the Constitution. This principle was established in the landmark case of Marbury v. Madison in 1803, where Chief Justice John Marshall asserted the authority of the Supreme Court to review acts of Congress and determine their compatibility with the Constitution. Judicial review allows the courts to interpret the Constitution, ensuring that all laws and policies adhere to its principles. This system of checks and balances is vital for maintaining the rule of law and safeguarding individual rights against potential government overreach. Legislative review refers to the process where the legislative branch evaluates and possibly amends its own statutes, but it does not possess the power to declare laws unconstitutional. Executive review is not a recognized concept; the executive branch does not have the authority to nullify laws, as that power resides solely within the judiciary. Constitutional interpretation is a broader term that encompasses the judiciary's role in interpreting the Constitution, but it does not specifically denote the power to declare laws unconstitutional, which accurately identifies the role of judicial review.