What is judicial review and which case established it?

What is judicial review and which case established it?

• A. The power of courts to declare laws unconstitutional; established by Marbury v. Madison
• B. The power of Congress to override Supreme Court decisions
• C. The power of the President to appoint judges
• D. The power of states to nullify federal laws

Answer: (A)

Judicial review is the power of courts to interpret the Constitution and strike down laws or government actions that conflict with it. The case that established this for the U.S. Supreme Court is Marbury v. Madison in 1803. In that decision, Chief Justice John Marshall explained that the Constitution is the supreme law and that the judiciary has the authority to review acts of Congress and the President to ensure they fit constitutional limits. He found that part of the Judiciary Act of 1789 extended the Court’s powers beyond what the Constitution allowed, so the Court could not grant that particular relief. This ruling set the principle that the courts can declare laws unconstitutional, anchoring the system of checks and balances. The other options describe powers that belong to Congress, the President, or the states, not the judiciary’s authority to review legislation.