Which constitutional principle allows courts to declare laws unconstitutional?

Which constitutional principle allows courts to declare laws unconstitutional?

• A. Checks and balances
• B. Popular sovereignty
• C. Judicial review
• D. Federalism

Answer: (C)

Judicial review is the power of courts to declare laws unconstitutional. This ability lets the judiciary check the other branches by ensuring that legislation and executive actions conform to the Constitution. It acts as a crucial check within the system of separated powers, stopping any law from taking effect if it violates constitutional provisions. The concept became foundational in U.S. practice with Marbury v. Madison, which established that courts have the authority to interpret the Constitution and nullify unconstitutional laws. The other terms describe broader structures: checks and balances refers to how branches monitor each other, not the specific authority to strike down laws; popular sovereignty means government authority comes from the people; federalism concerns the division of power between national and state governments.

Judicial review is the power of courts to declare laws unconstitutional. This ability lets the judiciary check the other branches by ensuring that legislation and executive actions conform to the Constitution. It acts as a crucial check within the system of separated powers, stopping any law from taking effect if it violates constitutional provisions. The concept became foundational in U.S. practice with Marbury v. Madison, which established that courts have the authority to interpret the Constitution and nullify unconstitutional laws. The other terms describe broader structures: checks and balances refers to how branches monitor each other, not the specific authority to strike down laws; popular sovereignty means government authority comes from the people; federalism concerns the division of power between national and state governments.