Which principle allows courts to strike down laws that violate the Constitution?

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Prepare for the FLVS US Government DBA. Enhance your understanding of the course content with interactive flashcards and multiple-choice questions that provide real-time hints and explanations. Excel in your examination!

The principle that allows courts to strike down laws that violate the Constitution is known as Judicial Review. This authority enables the judiciary to interpret the Constitution and to invalidate any law or governmental action that it finds to be in conflict with the Constitution. Judicial Review is a fundamental mechanism that serves to uphold the supremacy of the Constitution, ensuring that no law passed by the legislature or action taken by the executive exceeds the limits set by the foundational legal document of the government.

Judicial Review was established in the landmark case of Marbury v. Madison in 1803, which set a precedent for the courts to assume the power to reject legislation that is inconsistent with the Constitution. This principle is crucial in maintaining the rule of law and protecting individual rights against potential abuses by the other branches of government.

Understanding Judicial Review is essential, as it highlights the role of the judiciary in a constitutional government and demonstrates the checks on legislative and executive power that are integral to American democracy.

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