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How does judicial review allow the Supreme Court to check Congress and the president?
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Major Supreme Court Cases from the 2025–26 Term
The west facade of the U.S. Supreme Court building, Washington, D.C.
Judicial review is the power of the Supreme Court to examine the actions of the legislative and executive branches to determine if they are consistent with the Constitution. Although not explicitly mentioned in the Constitution, this power was established by the court itself in Marbury v. Madison (1803).12
Through this process, the Court acts as a check on the other branches in the following ways:
- Checking Congress: The Court can declare acts of Congress null and void if it finds them inconsistent with constitutional provisions. This ensures that legislative actions remain within the boundaries set by the supreme law of the land.12
- Checking the President: The Court can review executive actions to ensure they do not violate the Constitution. For example, in United States v. Nixon (1974), the Court compelled the president to release evidence, and in Youngstown Sheet & Tube Co. v. Sawyer (1952), it limited the president's inherent powers during wartime.1
The Court exercises this authority only in the context of actual "cases and controversies," meaning it does not issue advisory opinions.12