What is judicial review and which case established it?

• A. The power of the courts to declare laws unconstitutional; Marbury v. Madison established it.
• B. The power of the president to veto laws.
• C. The responsibility of the Supreme Court to write constitutional amendments.
• D. The ability of states to nullify federal laws.

Answer: (A)

Judicial review is the power of the courts to examine laws and government actions and strike down anything that goes against the Constitution. This authority was established by the Supreme Court in Marbury v. Madison in 1803. In that decision, the justices argued that the Constitution is the supreme law of the land and that the judiciary has the final say in interpreting it. Because of this, the courts can review legislation and executive actions to decide whether they are constitutional, and they can overturn those that aren’t. This creates a crucial check on the other branches of government and helps protect constitutional limits.

The other ideas mix up who holds power: a presidential veto is an executive action, not a judicial power; constitutional amendments aren’t written by the courts and aren’t a judicial ruling; and states’ attempts to nullify federal laws aren’t a recognized legal mechanism of judicial review and conflict with the idea of federal supremacy.