Some argue that republicanism is a principle of the Constitution. Change to: “Which of the following is the most controversial of the foundational principles of the United States...
There are several major principles of the Constitution. Judicial review is one of the most controversial principles of the Constitution. Even though judicial review is not specifically mentioned in the Constitution, it has been inferred through various court actions and decisions.
Judicial review was used when the Constitution began. It was confirmed in the Marbury v Madison case. This case, which had to do about William Marbury not becoming a Justice of the Peace, led to a ruling by the Supreme Court that the courts have the responsibility to determine if laws and executive actions are constitutional or unconstitutional.
This has been a very controversial power of the courts. There have been times when the Supreme Court has been accused of “legislating from the bench” when the Supreme Court has declared laws or executive actions as illegal. Some people viewed the Brown v Board of Education decision as an example of the Supreme Court going too far. President Franklin D. Roosevelt felt the Supreme Court went too far when the Agricultural Adjustment Act and the National Industrial Recovery Act were declared unconstitutional. This led President Roosevelt to consider a plan, known as the court-packing plan, where he would add judges to the Supreme Court. This plan never went into effect.