Which of the following statements best explains why judicial review is a controversial power of the Supreme Court?ResponsesJudicial review is an expressed power and is explicitly stated in the Constitution.Judicial review is an expressed power and is explicitly stated in the Constitution.Judicial review makes the Judicial Branch far more powerful than the other two branches of government.Judicial review makes the Judicial Branch far more powerful than the other two branches of government.Judicial review is an implied power and not explicitly stated in the Constitution.Judicial review is an implied power and not explicitly stated in the Constitution.Judicial review has been frequently abused by the Supreme Court to change the laws of society.Judicial review has been frequently abused by the Supreme Court to change the laws of society.
Question
Which of the following statements best explains why judicial review is a controversial power of the Supreme Court?ResponsesJudicial review is an expressed power and is explicitly stated in the Constitution.Judicial review is an expressed power and is explicitly stated in the Constitution.Judicial review makes the Judicial Branch far more powerful than the other two branches of government.Judicial review makes the Judicial Branch far more powerful than the other two branches of government.Judicial review is an implied power and not explicitly stated in the Constitution.Judicial review is an implied power and not explicitly stated in the Constitution.Judicial review has been frequently abused by the Supreme Court to change the laws of society.Judicial review has been frequently abused by the Supreme Court to change the laws of society.
Solution
The statement that best explains why judicial review is a controversial power of the Supreme Court is: "Judicial review is an implied power and not explicitly stated in the Constitution." This is because the power of judicial review, which allows the Supreme Court to interpret the Constitution and invalidate laws and government actions that they find to be unconstitutional, is not a power that is explicitly given to the Supreme Court in the U.S. Constitution. Instead, it is a power that has been inferred from the text of the Constitution, and was established as a precedent in the landmark Supreme Court case Marbury v. Madison in 1803. This has led to controversy and debate over whether the Supreme Court should have this power, and if so, how it should be used.
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Judicial review is a power given to the Supreme Court by the Constitution.FalseTrue
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