The Origins of Judicial Review

How did courts gain the power to decide if laws follow the Constitution?

Judicial review is the power of courts to examine laws and government actions to see if they agree with the Constitution. It began in the early 1800s when the Supreme Court established this authority in a landmark case.

Judicial review allows courts, especially the Supreme Court, to interpret the Constitution and ensure that laws passed by Congress or actions by the President do not violate constitutional principles. This power was not explicitly stated in the Constitution but was established through a significant court case in 1803. In this case, the Supreme Court declared that it had the authority to strike down laws that conflict with the Constitution, setting a precedent for the role of the judiciary in maintaining the balance of power among the branches of government.

Imagine Congress passes a law that limits free speech, but the Constitution protects free speech. Through judicial review, the Supreme Court can declare that law unconstitutional and prevent it from being enforced.

Think of a rule at school or home. Now imagine if someone said that rule goes against a really important family rule or value. Discuss with a friend or family member how you would decide which rule should be followed and why.

Why is judicial review a key part of how the Constitution works?