It is the power of the courts, particularly the Supreme Court, to examine the actions of the legislative and executive branches and determine whether such actions are constitutional.
If a court finds a law to be unconstitutional through judicial review, what happens to that law?
The law is declared null and void, meaning it is no longer valid and cannot be enforced.
Is the power of judicial review explicitly granted in the U.S. Constitution?
No, it is an implied power. The principle was established by the Supreme Court itself.
Which landmark Supreme Court case established the principle of judicial review?
The case of Marbury v. Madison in 1803.
Who was the Chief Justice that delivered the opinion in Marbury v. Madison?
Chief Justice John Marshall.
What was the fundamental legal question that Marbury v. Madison addressed?
The case addressed whether an act of Congress (the Judiciary Act of 1789) that conflicted with the Constitution could be upheld as law.
What did the Court decide in Marbury v. Madison?
The Court ruled that the portion of the Judiciary Act of 1789 that would have granted Marbury his commission was unconstitutional, thereby establishing the Court's power to invalidate acts of Congress.
How does judicial review function as a "check" on the power of the legislative branch (Congress)?
It allows the judicial branch to strike down laws passed by Congress if they are found to be in violation of the Constitution.
How does judicial review function as a "check" on the power of the executive branch (President)?
It allows the judicial branch to invalidate actions taken by the President or the executive branch if they are deemed unconstitutional or beyond the scope of their legal authority.
What constitutional clause is often cited as the basis for the power of judicial review?
The Supremacy Clause (Article VI, Clause 2), which states that the Constitution is the "supreme Law of the Land," implying that any law conflicting with it must be void.
