What is the power of the Courts to determine if actions of the president and Congress are consistent with the Constitution called?

Study for the UCF POS2041 American National Government Midterm 1. Enhance your knowledge with engaging quizzes and detailed explanations. Prepare confidently and succeed in your exam!

The power of the courts to examine and invalidate actions of the president and Congress that are found to be inconsistent with the Constitution is known as judicial review. This principle establishes the judiciary as a co-equal branch of government, ensuring that legislative and executive actions adhere to the Constitution. Judicial review is essential for maintaining the rule of law and the balance of powers within the government. It empowers the courts to interpret the Constitution and assess whether laws or executive orders align with its provisions. This process not only protects individual rights but also upholds the fundamental principles upon which the United States was founded.

The other concepts, while related to judicial functions, do not specifically define this power. Judicial activism refers to a philosophy where judges are more likely to interpret the Constitution in a way that reflects contemporary values, often leading to a more expansive role in shaping policy. Judicial restraint, on the other hand, is the practice of limiting judicial intervention in legislative and executive matters, advocating for minimal court involvement in political processes. Constitutional supremacy emphasizes the idea that the Constitution is the highest law of the land, influencing how judicial review is applied but not directly defining the power itself.

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