What is the process of judicial review?

Study for the UCF POS2041 American National Government Exam 2. Engage with multiple choice questions and expertly crafted explanations. Boost your exam readiness today!

Judicial review refers to the power held by the courts to assess the constitutionality of laws enacted by the legislative branch, as well as actions taken by the executive branch. This principle was established in the landmark Supreme Court case Marbury v. Madison in 1803, which set the precedent that it is the judiciary's role to interpret the Constitution and to ensure that no law or government action violates constitutional principles. Through judicial review, courts can strike down legislation or executive actions that are found to be unconstitutional, thereby upholding the rule of law and the system of checks and balances that is fundamental to American governance. This process ensures that the rights enshrined in the Constitution are protected from legislative or executive overreach.

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