Understanding Judicial Review: How the Supreme Court Checks Other Government Branches

Judicial review is a fundamental aspect of the United States legal system. It allows courts, particularly the Supreme Court, to evaluate laws and government actions to ensure they comply with the Constitution. This process helps maintain the balance of power among the legislative, executive, and judicial branches.

The Role of Judicial Review

Judicial review empowers courts to assess whether laws or executive actions are constitutional. If a law is found unconstitutional, the court can invalidate it. This authority acts as a check on the powers of Congress and the President, preventing unconstitutional laws or actions from taking effect.

Historical Background

The principle of judicial review was established in the landmark Supreme Court case Marbury v. Madison in 1803. Chief Justice John Marshall articulated that it is the duty of courts to interpret the Constitution and ensure that laws adhere to it. This case set the precedent for the judiciary’s role as a co-equal branch of government.

Checks and Balances

Judicial review acts as a safeguard within the system of checks and balances. It ensures that no branch exceeds its constitutional authority. For example, if Congress passes a law that violates constitutional rights, the Supreme Court can strike it down. Similarly, the Court can review executive actions for constitutionality.

  • Ensures laws comply with the Constitution
  • Protects individual rights
  • Maintains balance among government branches
  • Provides a mechanism for resolving constitutional disputes