What is the power of judicial review?

Enhance your understanding of American Government with our Abeka Test 3 prep. Dive into multiple-choice questions, flashcards, and detailed explanations to ace your exam.

The power of judicial review refers specifically to the authority of a court to evaluate laws or government actions and determine whether they are consistent with the Constitution. If a law is found to be in conflict with constitutional principles, the court has the ability to declare it unconstitutional and thus null and void. This vital function serves as a safeguard against legislative or executive actions that might infringe upon the rights guaranteed by the Constitution, ensuring a system of checks and balances within government.

In contrast, amending the Constitution involves a separate and distinct process that requires significant legislative action and state ratification; it is not an authority granted to the judiciary. The authority to enforce laws is primarily the role of the executive branch, which is responsible for carrying out and implementing the laws made by the legislature. The power to interpret treaties rests within the purview of the executive branch and sometimes requires the approval of the Senate, rather than being a power attributed to the judiciary in the context of judicial review. Thus, the ability to declare a law unconstitutional encapsulates the essence and significance of judicial review in the American legal system.

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