What is judicial review?

• A. The power of courts to strike down laws or executive actions that violate the Constitution.
• B. The power of the President to appoint judges.
• C. The power of Congress to regulate markets.
• D. The process of appealing to higher courts.

Answer: (A)

Judicial review is the power of courts to examine laws and government actions to see if they follow the Constitution. This ability lets the judiciary check both the legislative and the executive, striking down any law or action that violates constitutional rights or principles. The concept was established in Marbury v. Madison, which gave the courts the authority to interpret the Constitution and void unconstitutional measures. For example, if a law infringes on freedom of speech or if an executive order exceeds presidential powers, the courts can review and potentially overturn it. The other options describe different functions: appointing judges is about selecting who interprets the law, regulating markets is a legislative/policy role, and appealing to higher courts describes the process of moving a case upward, not the constitutional review itself.