Judicial review is the power of the courts to review and determine the constitutionality of laws and actions undertaken by the President, Congress, or other government officials. This power is not explicitly stated in the Constitution but was established by the Supreme Court in the landmark case Marbury v. Madison in 1803.
Through the process of judicial review, federal courts have the power to declare laws and actions unconstitutional, and thereby null and void. This means that the courts can strike down a law or action if it violates the Constitution or other federal laws.
Judicial review serves as an important check on the powers of the other two branches of government, ensuring that they do not overstep their constitutional bounds. It helps to maintain a balance of power among the three branches of government and protects individual rights and freedoms.
In practice, anyone can challenge a law or government action and ask a court to review it for constitutionality. The court will then hear arguments from both sides and make a determination as to whether the law or action is constitutional or not. Ultimately, it is the Supreme Court that has the final say on constitutional matters, and its decisions are binding on all lower courts in the country.
How does Judicial review function in our federal government?
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