What does the term "judicial review" refer to?

What does the term "judicial review" refer to?

• A. The power to legislate new laws
• B. The power to interpret the Constitution
• C. The power to execute federal laws
• D. The power to enforce state laws

Answer: (B)

Judicial review refers to the authority of a court to evaluate the constitutionality of legislative acts and executive actions. It is primarily the role of the judicial branch to interpret the Constitution and ensure that laws and government actions align with constitutional principles. The concept of judicial review was established in the landmark Supreme Court case Marbury v. Madison in 1803, which affirmed the judiciary's role in maintaining the rule of law and the checks and balances in the U.S. government. In this context, interpreting the Constitution includes determining whether specific laws or actions violate constitutional provisions, thus safeguarding individual rights and maintaining the framework of government as intended by the framers of the Constitution. This function is vital for upholding democracy and protecting citizens' rights against potential overreach by the legislative and executive branches.

Judicial review refers to the authority of a court to evaluate the constitutionality of legislative acts and executive actions. It is primarily the role of the judicial branch to interpret the Constitution and ensure that laws and government actions align with constitutional principles. The concept of judicial review was established in the landmark Supreme Court case Marbury v. Madison in 1803, which affirmed the judiciary's role in maintaining the rule of law and the checks and balances in the U.S. government.

In this context, interpreting the Constitution includes determining whether specific laws or actions violate constitutional provisions, thus safeguarding individual rights and maintaining the framework of government as intended by the framers of the Constitution. This function is vital for upholding democracy and protecting citizens' rights against potential overreach by the legislative and executive branches.