Predict what might happen to the principle of checks and balances if the Supreme Court lacked the power of judicial review.

There would be more laws being passed that are unconstitutional. With judicial review, the government can output laws that don't infringe on peoples rights or violate the constitution and its bill of rights.
I'm guessing that's right

Answered by kidkie12km | 2024-06-10

If the Supreme Court lacked the power of judicial review, the principle of checks and balances would be significantly weakened. Without judicial review, the Court would be unable to declare laws or executive actions unconstitutional, allowing potentially unchecked legislative or executive power. Judicial review serves as a fundamental check on government abuse of power, ensuring that all actions by the government are in accordance with the Constitution. This mechanism requires courts to be seen as independent and non-partisan, basing decisions on law rather than political considerations. The absence of judicial review would disrupt the balance of power among the branches of government, potentially leading to a concentration of power and undermining the democracy and agency among ordinary people.
Importantly, the power of judicial review, established in Marbury v. Madison in 1803, is central to the court's ability to check the other branches of government and the states. It exemplifies how the courts can overturn laws for being unconstitutional, which plays a crucial role in maintaining the constitutional promises and protecting citizens' rights against governmental overreach.

Answered by Qwbox | 2024-06-24

If the Supreme Court lacked the power of judicial review, it would likely lead to increased legislative power, reduced judicial authority, potential authoritarianism, and diminished protections for citizens' rights. This would destabilize the system of checks and balances, allowing laws that violate the Constitution to go unchallenged. The role of judicial review is crucial in maintaining the balance of power among the branches of government.
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Answered by kidkie12km | 2024-12-26