judicial review is the power of the american courts to
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http://en.wikipedia.org/wiki/Judicial_review_in_the_United_States
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Judicial review is the power of American courts to review the constitutionality of laws and actions by the government. It enables the courts to interpret the laws and determine whether they are consistent with the principles laid out in the Constitution. This power serves as a crucial check on the other branches of government, allowing the judiciary to strike down laws and actions that violate constitutional rights.
To understand how the power of judicial review is granted to American courts, we need to refer to the Constitution itself. Specifically, the concept of judicial review is not explicitly mentioned in the Constitution. Instead, it was established through landmark court cases and is based on the interpretation of several key constitutional provisions.
The case that established the power of judicial review was Marbury v. Madison in 1803. In this case, the Supreme Court determined that it had the authority to review acts of Congress and declare them unconstitutional if they violated the Constitution. Chief Justice John Marshall, writing the majority opinion, reasoned that it was the duty of the judiciary to uphold the Constitution as the supreme law of the land.
Since Marbury v. Madison, the power of judicial review has been widely accepted and utilized by American courts at all levels. It empowers judges to interpret the Constitution and determine whether laws and government actions comply with its provisions. This power helps ensure that the government acts within its constitutional limits and protects individual rights.
In summary, judicial review is the power of American courts to review the constitutionality of laws and actions by the government. It was established by the Supreme Court in Marbury v. Madison and has since been an important tool for upholding the Constitution and safeguarding individual liberties.