A court that overturns as unconstitutional a law that is clearly in violation of the Constitution
A) may still be exercising judicial restraint.
B) is exercising judicial activism.
C) is exercising stare decisis.
D) may have its decision overturned by a two-thirds majority in both houses of Congress.
E) Both B and C.

Question

Quizplus · Accepted Answer

A court that overturns an unconstitutional law is not necessarily engaging in judicial activism, as it is simply following the Constitution. However, if the court were to make a decision based on personal or political beliefs rather than the Constitution, that would be considered judicial activism. Additionally, stare decisis refers to the principle of following precedent, which is not necessarily relevant in a case where a law is clearly unconstitutional. Finally, Congress does not have the power to overturn a Supreme Court decision, although they can propose a constitutional amendment to change the outcome of a case. Therefore, option A is the best answer.

A Court That Overturns as Unconstitutional a Law That Is