What is the term for the judicial branch's power to nullify unconstitutional acts?

Study for the Praxis II Elementary Education Test (5001). Access flashcards and multiple choice questions, each with hints and explanations. Get prepared for your exam!

Judicial Review is the term that refers to the power of the judicial branch to evaluate laws and actions made by the legislative and executive branches, determining whether they are in accordance with the Constitution. This concept arose from the landmark Supreme Court case Marbury v. Madison in 1803, which established the judiciary's role in maintaining the supremacy of the Constitution by nullifying any laws that conflict with its principles.

Through Judicial Review, the courts can invalidate legislation or executive actions that are unconstitutional, thus serving as a check on the powers of the other branches of government. This process is essential for upholding the rule of law and protecting individual rights. Understanding this term is crucial for grasping the balance of power within the United States government and the role of the judiciary as a guardian of constitutional integrity.

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