This power of "judicial review" has given the Court a crucial responsibility in assuring individual rights, as well as in maintaining a "living Constitution" whose broad provisions are continually applied to complicated new situations.
A primary power of the Supreme Court is judicial review, the authority to assess and invalidate actions by the legislative and executive branches if they are deemed unconstitutional.
The Supreme Court exercises the power of judicial review, whereby it can declare acts of Congress or state legislatures unconstitutional. Executive, administrative, and judicial actions also are subject to review by the Court.
The Supreme Court can strike down any law or other action by the legislative or executive branch that violates the Constitution. This power of judicial review applies to federal, state, and local legislative and executive actions.
It has been argued that the power to declare laws constitutional or unconstitutional, thereby deciding whether to enforce given laws or not, is not essentially a judicial function, but in Marbury a precedent was set that has much influenced the legal functions of the Court ever since.
Over the course of our history, the Supreme Court has elaborated on the separation-of-powers doctrine in several cases addressing the three branches of government.
The judicial branch, which includes the Supreme Court and other federal courts, has the authority to decide the constitutionality of federal laws through a process called judicial review.
Judicial review, established in Marbury v. Madison (1803), allows the Supreme Court to determine the constitutionality of legislative acts and executive actions. This power ensures that the legislative and executive branches do not exceed their authority, maintaining the balance of the United States' federal framework.
Power of the courts, especially the Supreme Court, to declare laws of Congress, laws of the states, and actions of the president unconstitutional and invalid.
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