How does the Judicial Branch check the Legislative and the Executive Branches?
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Answer:
The Judicial Branch uses judicial review to evaluate Acts of Congress and Presidential Executive Orders to determine if they adhere to constitutional principles. This power is not unlimited. No court can consider the constitutionality of a law unless the law is a relevant part of a "case or controversy" before the court. If the US Supreme Court determines a law is unconstitutional, it becomes nullified and unenforceable. Chief Justice John Marshall clearly affirmed the Court's right of judicial review in the case Marbury v. Madison, (1803), when the Court declared Section 13 of the Judicial Act of 1789 unconstitutional.
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