AP U.S. Government and Politics Flashcards: The Judicial Branch
Written by AP Content Team, Verified for 2026 AP Exams, Last updated: May 2026
Review key ideas with interactive flashcards. This set includes 10 cards to help you master important concepts.
If Congress passed a law that violated the Constitution, what power could the Supreme Court use to strike it down?
The Supreme Court could use its power of judicial review to declare the law unconstitutional and therefore void.
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If Congress passed a law that violated the Constitution, what power could the Supreme Court use to strike it down?
The Supreme Court could use its power of judicial review to declare the law unconstitutional and therefore void.
How does judicial review check the power of other branches?
By declaring laws passed by Congress or actions taken by the executive branch unconstitutional, the judiciary can invalidate them, thus checking the power of the other two branches.
Which document establishes the foundation for the powers of the judicial branch?
Article III of the U.S. Constitution establishes the foundation for the powers of the judicial branch.
What is the central argument of Federalist No. 78 regarding judicial independence?
Federalist No. 78 argues that an independent judiciary, free from political pressure, is essential for protecting the Constitution and individual rights by impartially checking the other branches.
Which foundational document argues for the independence of the judicial branch?
Federalist No. 78 sets forth the argument for how the independence of the judicial branch checks the power of other branches.
Why is judicial independence, as argued in Federalist No. 78, considered a check on the other branches?
Judicial independence ensures judges can make rulings based on law and fact without fear of political retaliation, allowing them to impartially block unconstitutional actions from the legislative or executive branches.
A president issues an executive order that exceeds their constitutional authority. Which principle allows the judiciary to intervene?
The principle of judicial review allows the courts to examine the executive order and declare it unconstitutional, thereby checking the power of the executive branch.
What is the relationship between Article III and Federalist No. 78?
Article III provides the constitutional structure and foundation for the judiciary's powers, while Federalist No. 78 provides the philosophical argument for its independence and role in checking other branches.
Identify the two key documents that respectively establish the judiciary's powers and argue for its independence.
Article III of the Constitution establishes the powers of the judicial branch, and Federalist No. 78 argues for its independence.
What is the principle of judicial review?
Judicial review is the power of the courts to determine if acts of the legislative and executive branches are constitutional, serving as a check on their power.