FREE AL Bar Judicial Review and Powers Questions and Answers

Question 1

What is the significance of the "supremacy clause" in relation to judicial review?

Accepted Answer

It ensures that the Constitution and federal laws are the supreme law of the land

Answer

The Supremacy Clause, found in Article VI of the U.S. Constitution, establishes that the Constitution, federal laws made pursuant to it, and treaties constitute the supreme law of the land. This means that state laws that conflict with valid federal laws are preempted and must yield. It is a foundational principle that ensures federal authority over states in areas where the federal government has constitutional power.

Question 2

Which type of judicial review involves the court determining the validity of a government official's actions?

Accepted Answer

Constitutional review

Answer

Constitutional review involves a court examining whether a law, government action, or official's conduct complies with the provisions of a constitution. This type of judicial review specifically assesses the legality and validity of governmental actions against the supreme law of the land. It ensures that all branches of government operate within their constitutional boundaries.

Question 3

What is the primary function of judicial review?

Accepted Answer

To determine the constitutionality of laws

Answer

The primary function of judicial review is to determine whether legislative acts, executive actions, or lower court decisions comply with the U.S. Constitution. Through this power, courts can declare laws or actions unconstitutional, thereby ensuring that the government operates within its prescribed powers and protects individual rights. It acts as a crucial check and balance on the other branches of government.

Question 4

Which landmark case established the principle of judicial review in the United States?

Accepted Answer

Marbury v. Madison

Answer

The landmark Supreme Court case of Marbury v. Madison (1803) established the principle of judicial review in the United States. Chief Justice John Marshall's opinion asserted the Court's authority to declare an act of Congress unconstitutional. This decision solidified the judiciary's role as an independent branch capable of interpreting the Constitution and checking the powers of the legislative and executive branches.

Question 5

Which of the following is true about the power of judicial review?

Accepted Answer

It is a power implied by the structure of the Constitution

Answer

While the U.S. Constitution does not explicitly grant the power of judicial review, it is widely understood to be an implied power derived from the structure of the Constitution and the nature of the judicial function. The Supreme Court, in Marbury v. Madison, reasoned that it is "emphatically the province and duty of the judicial department to say what the law is," thereby establishing this implied authority. This power is essential for maintaining the Constitution as the supreme law.

AL Bar - Alabama Bar Exam Practice Test

AL Bar - Alabama Bar Exam Practice Test

FREE AL Bar Judicial Review and Powers Questions and Answers