Question

Which of the following articles from the Constitution could be used to effectively argue in favor of judicial review?

Answer 1

Answer:

4. The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority.

Explanation:

Number 4 is the best option that argues in favor of judicial review as it holds that the judicial's power should extend to ALL cases, in law and equity, under the Constitution, laws or treaties of the nation. Many interpret it to mean that the Judicial, then, has the power to review the actions of the Legislative and the Executive in case they do not comply with the law.

For example, if the legislative branch enacts a law that is not consistent with the Constitution (like a law that establishes a religion) the Supreme Court has the power to review it and declare it unconstitutional as it goes against the first amendment; and if the President were to start collecting taxes (which it is not one of their functions), the Supreme Court would also have the power to declare such act unconstitutional.

Answer 2

Answer:

I would have to say that the best possible answer would be D, or four.

Explanation: