Which principle allows the Supreme Court to declare laws unconstitutional?

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!

Judicial review is the principle that grants the Supreme Court the authority to interpret the Constitution and evaluate the constitutionality of laws and actions taken by the legislative and executive branches of government. This power was established in the landmark case of Marbury v. Madison in 1803, which set the precedent that the courts can invalidate laws that are deemed to violate constitutional principles.

Judicial review serves as a critical check on legislative power, ensuring that all laws are in compliance with the Constitution. This principle is fundamental to the system of checks and balances that characterizes American government, as it allows the judiciary to protect individual rights and maintain the rule of law.

Other options, while they may sound relevant, do not accurately describe the specific power related to the Supreme Court declaring laws unconstitutional. The freedoms clause conceptually refers to protections found in the Constitution but is not a recognized term for the judicial power. The constitutional check could imply various systems of checks and balances but does not specify the judicial role. Lastly, the legislative veto, which allows a legislative body to reject decisions made by the executive, is not pertinent to the judiciary's role in evaluating the constitutionality of laws.

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