[ 195 ] Civics and Government GED ® TEST SOCIAL STUDIES FLASH REVIEW _____________ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • Read the passage and answer the following two questions. The U.S. Constitution does not explicitly give the power of judicial review to the Supreme Court. In fact, the Court did not use this power—which gives it the authority to invalidate laws and executive actions if they conflict with the Constitution—until the 1803 case of Marbury v. Madison. In that case, Chief Justice John Marshall ruled that a statute was unconstitutional. He argued that judicial review was necessary if the Court was to fulfill its duty of upholding the Constitution. Without it, he felt that the legislature would have a “real and practical omnipotence.” Moreover, several of the Constitution’s framers expected the Court to act in this way. Alexander Hamilton and James Madison emphasized the importance of judicial review in the Federalist Papers, a series of essays promoting the adoption of the Constitution. However, the power of judicial review continues to be a controversial power because it allows the justices—who are appointed rather than elected—to overturn laws made by Congress and state lawmaking bodies. Which of the following statements is an implication of judicial review? a. The Constitution is a historic document with little influence over how the government operates today. b. The Constitution must explicitly state which branch of government is to have what authority. c. The framers never meant for the Supreme Court to have this power. d. The Constitution is a living document that continues to be interpreted. Which of the following best describes the process of judicial review? a. to declare a law unconstitutional b. to follow public opinion polls c. to determine the country’s changing needs d. to propose new laws