Judicial review is the power of federal courts to strike down laws, executive orders, and government actions as unconstitutional. The Constitution doesn't explicitly grant this power—the Supreme Court claimed it for itself in 1803.

Chief Justice John Marshall established judicial review in Marbury v. Madison by ruling that a section of the Judiciary Act of 1789 violated the Constitution. Declaring that law invalid, Marshall gave courts the final word on what the Constitution means—making the judiciary the ultimate check on congressional and presidential power.

Key elements:

• Courts can nullify laws passed by Congress
• Courts can block executive orders and agency rules
• Supreme Court interpretations bind all other branches
• The Constitution doesn't mention this power explicitly

Judicial review is the power of federal courts to strike down laws, executive orders, and government actions as unconstitutional. The Constitution doesn't explicitly grant this power—the Supreme Court claimed it for itself in 1803.

Chief Justice John Marshall established judicial review in Marbury v. Madison by ruling that a section of the Judiciary Act of 1789 violated the Constitution. Declaring that law invalid, Marshall gave courts the final word on what the Constitution means—making the judiciary the ultimate check on congressional and presidential power.

Key elements:

• Courts can nullify laws passed by Congress
• Courts can block executive orders and agency rules
• Supreme Court interpretations bind all other branches
• The Constitution doesn't mention this power explicitly