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What power does judicial review give the Supreme Court?
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Judicial review is the power of the Supreme Court to examine the laws and actions of the legislative and executive branches of government and determine whether they are constitutional. This power allows the Court to invalidate laws and executive actions that it finds to be in violation of the Constitution. Here are the key aspects of judicial review:
1. **Constitutional Interpretation**: The Supreme Court has the authority to interpret the Constitution, which includes assessing how laws align with constitutional provisions and principles.
2. **Checks and Balances**: Through judicial review, the Supreme Court serves as a check on the powers of the other branches of government. It ensures that neither Congress nor the President can exceed their constitutional authority.
3. **Enforcement of Rights**: Judicial review allows the Supreme Court to protect individual rights and liberties by striking down laws or actions that infringe upon constitutional rights.
4. **Precedent Setting**: The Court's decisions on constitutional matters create legal precedents that guide future cases, thus shaping the interpretation of the law over time.
The power of judicial review was established in the landmark case Marbury v. Madison (1803), in which Chief Justice John Marshall articulated the principle that it is the duty of the judicial system to appoint itself to declare what the law is, emphasizing the role of the judiciary in upholding the rule of law and the Constitution.
1. **Constitutional Interpretation**: The Supreme Court has the authority to interpret the Constitution, which includes assessing how laws align with constitutional provisions and principles.
2. **Checks and Balances**: Through judicial review, the Supreme Court serves as a check on the powers of the other branches of government. It ensures that neither Congress nor the President can exceed their constitutional authority.
3. **Enforcement of Rights**: Judicial review allows the Supreme Court to protect individual rights and liberties by striking down laws or actions that infringe upon constitutional rights.
4. **Precedent Setting**: The Court's decisions on constitutional matters create legal precedents that guide future cases, thus shaping the interpretation of the law over time.
The power of judicial review was established in the landmark case Marbury v. Madison (1803), in which Chief Justice John Marshall articulated the principle that it is the duty of the judicial system to appoint itself to declare what the law is, emphasizing the role of the judiciary in upholding the rule of law and the Constitution.
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