History
Judicial Review and the Power of the Supreme Court
Quick fact
In 1803, the U.S. Supreme Court granted itself the power of judicial review in the landmark case Marbury v. Madison, even though the Constitution doesn't explicitly grant this power.
Why this is interesting
Ever wondered who gets the final say on what the Constitution means? The Supreme Court does—but it wasn't always that way.
Read the full explanation
Understanding Judicial Review and the Power of the Supreme Court
Imagine a referee in a game who isn't listed in the rulebook. That's essentially what judicial review is: the Supreme Court acts as the final referee on whether laws passed by Congress or actions by the President follow the Constitution. If a law conflicts with the Constitution, the Court can strike it down, making it void. This power was established in 1803 when Chief Justice John Marshall, in Marbury v. Madison, reasoned that the Constitution is the supreme law of the land, and it's the judiciary's job to interpret it. Since then, the Court has used this power to review thousands of cases, shaping American society by declaring laws unconstitutional.
A deeper explanation
Judicial review works because of the principle of constitutional supremacy—the Constitution is the highest legal authority. Judges, when deciding a case, must interpret the law. If a law conflicts with the Constitution, the Court must follow the Constitution. This power was not explicitly given in the Constitution; it was asserted by Chief Justice John Marshall in Marbury v. Madison. The logic: since judges swear to uphold the Constitution, they must disregard any law that violates it. This makes the Supreme Court a powerful check on the other branches, because it can invalidate actions of Congress and the President. However, the Court doesn't initiate reviews; it only acts when a case is brought to it, and it often shows restraint, deferring to legislators when possible. This power matters because it protects individual rights and ensures that all government actions align with the foundational principles of the nation.