The power of judicial review

Question

Quizplus · Accepted Answer

The power of judicial review is sometimes invoked in the context of higher laws that govern the behavior of governments. This means that courts, including the Supreme Court, can declare laws or government actions unconstitutional if they violate the Constitution or other federal laws. This power was established by the landmark case Marbury v. Madison in 1803 and has been used many times since then. It applies to both federal and state courts. Option A is incorrect because the power of judicial review was indeed supported by the Founders, including James Madison. Option B is incorrect because judicial review has been used many times since the Founding. Option C is incorrect because Taney's opinion in Plessy v. Ferguson upheld segregation and did not advance the power of judicial review. Option E is incorrect because the power of judicial review extends to state courts.

The Power of Judicial Review