Judicial Review

Judicial review is the power of federal courts to declare a law or government action unconstitutional and therefore unenforceable, a power the Constitution's own text does not explicitly state but that the Supreme Court established for itself in Marbury v. Madison (1803). Judicial review makes the courts a genuine check on the other two branches, since neither Congress nor the President can simply overrule a court's determination that a specific law or action violates the Constitution.

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