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Question
judicial review to strike down an unconstitutional law. at the time, some americans werent sure if the supreme court should use judicial review. the constitution didnt list it as a power that the supreme court had!
decide whether each argument supports or opposes the supreme court’s use of judicial review.
| argument | supports judicial review | opposes judicial review |
|---|---|---|
| judges should protect the constitution even if congress passes a popular law that goes against it. | ◯ | ◯ |
| if the founders wanted the court to use judicial review, they would have put it in the constitution. | ◯ | ◯ |
| legislatures, not judges, represent the people. legislatures should decide whether laws are unconstitutional. | ◯ | ◯ |
Brief Explanations
- For "It’s good that judicial review checks, or limits, the power of the other branches of government": This shows a positive aspect of judicial review, so it supports.
- For "Judges should protect the Constitution even if Congress passes a popular law that goes against it": This argues for judges using judicial review to uphold the Constitution, so it supports.
- For "If the Founders wanted the Court to use judicial review, they would have put it in the Constitution": This implies that since it's not in the Constitution, the Court shouldn't use it, so it opposes.
- For "Legislatures, not judges, represent the people. Legislatures should decide whether laws are unconstitutional": This argues against judges (Court) using judicial review, so it opposes.
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- "It’s good that judicial review checks, or limits, the power of the other branches of government": Supports judicial review (select the circle under "Supports judicial review").
- "Judges should protect the Constitution even if Congress passes a popular law that goes against it": Supports judicial review (select the circle under "Supports judicial review").
- "If the Founders wanted the Court to use judicial review, they would have put it in the Constitution": Opposes judicial review (select the circle under "Opposes judicial review").
- "Legislatures, not judges, represent the people. Legislatures should decide whether laws are unconstitutional": Opposes judicial review (select the circle under "Opposes judicial review").