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The process by which a court system interprets the laws and finds them constitutional or unconstitutional is?
Judicial review
Which group wanted the national government to have the power to interpret the constitutional for the federal system?
Federalists
The Court can validate or invalidate laws passed by congress and the president through a process called?
They do not "validate" or "invalidate" laws. They interpret the US Constitution and find the laws cited in the cases they review either Constitutional or Unconstitutional. But they cannot pick and choose at random which laws they will rule on. The cases they review have to work their way through the entire Federal Court System before they reach the Supreme Court (if they ever do).
What constitutional principle is in effect when the supreme court interpret and applies the laws passed by congress?
That principle is the separation of powers and the system of checks and balances.
What is the process of judicial review and how does it impact the legal system?
Judicial review is the power of courts to review and potentially invalidate laws or actions of the government that are deemed unconstitutional. This process allows the judiciary to ensure that laws and government actions comply with the constitution. Judicial review impacts the legal system by serving as a check on the other branches of government, ensuring that they do not overstep their constitutional authority.
Can the US President hold acts of Congress and of the courts unconstitutional?
No. Only the Judicial branch has the Constitutional authority to declare laws unconstitutional.
Why is the spoils system unconstitutional?
It was unconstitutional because spoiled milk actually tastes good
Is the spoils system unconstitutional?
It was unconstitutional because spoiled milk actually tastes good
What is one result of marbury v Madison?
One significant result of Marbury v. Madison (1803) was the establishment of the principle of judicial review, which allows the Supreme Court to invalidate laws and executive actions that are found to be unconstitutional. This landmark decision strengthened the judiciary's role in the American system of government, ensuring a system of checks and balances among the branches. It affirmed the power of the courts to interpret the Constitution and set a precedent for future cases involving constitutional issues.
What is diffuse model of judicial review?
The diffuse model of judicial review refers to a system where multiple courts, particularly lower courts, have the authority to interpret and apply constitutional law in their rulings. This contrasts with a centralized model where a single court, often a supreme or constitutional court, has exclusive power to make definitive constitutional interpretations. In the diffuse model, judicial review is integrated into the regular judicial process, allowing various judges to engage with constitutional questions, which can lead to a more diverse set of interpretations across different jurisdictions. This approach often promotes a more widespread check on legislative and executive actions but can also result in inconsistencies in constitutional application.
What is Constitutional independence?
Constitutional independence refers to the separation of powers and the independence of the judiciary in a democratic system. It means that the three branches of government – executive, legislative, and judicial – have separate powers and functions, ensuring a system of checks and balances. The judiciary is independent and free from interference, enabling it to interpret and apply the laws impartially.
Why the power of judicial review is an important part of the system of checks and balances?
Judicial Review is an important part of checks and balances it keeps unconstitutional laws from being passed that would give parts of the government too much power or violate the constitutional rights of the people.
