What is judicial review and which case established it?

• A. Courts' power to strike down unconstitutional laws; Marbury v. Madison.
• B. The authority of the President to veto laws.
• C. The power of Congress to raise taxes.
• D. A principle that the Constitution is supreme.

Answer: (A)

Judicial review is the power of the courts to examine laws and government actions and declare them unconstitutional if they conflict with the Constitution. It acts as a check on the other branches, ensuring that what the government does stays within constitutional limits. The case Marbury v. Madison (1803) established this authority. In that decision, Chief Justice John Marshall argued that the Constitution is the supreme law and that it is the judiciary’s duty to interpret laws and strike down those that violate the Constitution. He stated that it is the province and duty of the judiciary to say what the law is, giving the Supreme Court the power to review and nullify unconstitutional statutes or actions. Because of this ruling, judicial review became the legal mechanism by which unconstitutional laws or actions can be prevented.

Other descriptions here refer to different powers or principles: presidential veto is about the President, raising taxes is a Congressional power, and the idea that the Constitution is supreme is a foundational principle, not the specific process by which courts review laws.