Judicial review

Definition

The power of the federal courts, especially the Supreme Court, to declare laws or executive actions unconstitutional. This power was established in the landmark case Marbury v. Madison (1803) and serves as a critical check on the legislative and executive branches.

Examples

  • Marbury v. Madison (1803) establishing the precedent of judicial review
  • The Supreme Court striking down the National Industrial Recovery Act in 1935
  • Brown v. Board of Education (1954) overturning the 'separate but equal' doctrine
Key Fact

Established by Chief Justice John Marshall in Marbury v. Madison (1803).

Related Terms

Checks and balances Court system Landmark supreme court cases Constitutional principles

Study This Concept

Practice judicial review with free review games in these units:

U.S. Government Unit 5: The Judicial Branch