The necessary reason for the Supreme Court to check the other branches using judicial review is to create a balance of power in the government and to prevent the legislative branch from passing unconstitutional laws. This mechanism ensures that no single branch of government exceeds its authority or violates the Constitution, thereby maintaining the rule of law and protecting individual rights.
Why is it necessary for the Supreme Court to check the other branches using judicial review?(1 point) Responses to create a balance of power in the government to create a balance of power in the government to keep the president from signing executive orders to keep the president from signing executive orders to prevent the legislative branch from passing unconstitutional laws to prevent the legislative branch from passing unconstitutional laws to give the Supreme Court power over the other two branches
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A concurring opinion is an opinion that agrees with the majority opinion but disagrees with the rationale. It allows justices to express their individual reasoning or interpretations while still supporting the final decision reached by the majority.
Judicial activism affects the court’s decisions in that the court will rule on the actions of the other branches or judicial precedent. This means that the court is more likely to take an active role in interpreting the law and can overturn or challenge the actions of the legislative and executive branches based on its interpretations of constitutional principles.
Among the options given, Alexander Hamilton favored a loose interpretation of the Constitution. He believed in a broad reading of the Constitution, which allowed for a more flexible understanding of federal powers, contrasting with those who advocated for a strict interpretation, such as Thomas Jefferson.
In the case of Mapp v. Ohio, the Supreme Court used the Fourteenth Amendment to justify applying the Fourth Amendment to the states. Specifically, it invoked the Due Process Clause of the Fourteenth Amendment to extend the exclusionary rule to state courts.
In the Marbury v. Madison case, the Supreme Court declared the Judiciary Act of 1789 unconstitutional. This decision established the principle of judicial review, allowing the Court to invalidate legislation that conflicts with the Constitution.