How does judicial review ensure a balance of power in the United States?

Question

It ensures that the judicial branch is making rulings that uphold the rights provided to all citizens.

It gives the judicial branch the power to hear court cases related to civil rights issues.

It allows the judicial branch to negate legislative or executive actions that violate constitutional rights.

It frees the judicial branch from rules that would hinder it in making decisions on landmark cases.

Answer 1

Judicial review is a fundamental mechanism in the United States that helps maintain a balance of power among the three branches of government: the executive, legislative, and judicial. The correct explanation of how judicial review contributes to this balance is:

It allows the judicial branch to negate legislative or executive actions that violate constitutional rights.

Through judicial review, courts have the authority to examine the actions of the legislative and executive branches and determine whether they are in compliance with the Constitution. If a law or executive action is found to be unconstitutional, the judiciary can invalidate it, ensuring that no branch of government exceeds its powers or violates the rights guaranteed to citizens by the Constitution. This serves as a check on the powers of the other branches, thus maintaining the system of checks and balances that is foundational to the U.S. government.