How can judicial review allow the Supreme Court to limit Congress and the president?
Judicial review is the power of the Supreme Court of the United States to examine and potentially invalidate actions taken by the legislative and executive branches if they are found to be inconsistent with the U.S. Constitution.12
Although not explicitly mentioned in the Constitution, this doctrine was established by the Court in the landmark 1803 case Marbury v. Madison. Chief Justice John Marshall argued that because the Constitution is the supreme law of the land, it is the duty of the judiciary to uphold it by declaring any law or executive action that conflicts with its provisions to be null and void.31
Through this power, the Court acts as a check on the other branches:
* Congress: The Court can strike down acts of Congress that it deems unconstitutional.32
* The President: The Court can review executive actions and has ruled that the president must comply with the law, such as in United States v. Nixon (1974), where the Court required the president to turn over evidence for criminal proceedings.12
This authority ensures that the judiciary serves as a coequal branch, maintaining the system of checks and balances by interpreting the Constitution as the final authority.31