Civics Guide

What is judicial review?

Judicial review is the power American courts use to decide whether a law or government action violates the Constitution.

How Government Works 5 min read Updated Jun 2026

Key takeaways

Judicial review is the power American courts use to decide whether a law or government action violates the Constitution.

The Supreme Court established judicial review in Marbury v. Madison (1803).

Courts can strike down federal AND state laws as unconstitutional.

It is the primary check on Congress and the President when they overreach.

Quick answer

Here’s the short version.

Judicial review is how courts say "this law goes too far under the Constitution" — even after Congress has passed it and the President has signed it.

Where did judicial review come from?

The Constitution doesn't explicitly grant courts the power to strike down laws. The Supreme Court asserted this power in 1803 in Marbury v. Madison, when Chief Justice John Marshall ruled that the Court could declare an act of Congress unconstitutional.

What does it mean in practice?

When a law is challenged in court, judges examine whether it conflicts with the Constitution. If they decide it does, they can block enforcement of the law. The Supreme Court has the final say.

Why does this matter?

Judicial review is one of the most consequential powers in American government. It has been used to strike down segregation, expand or limit voting rights, and shape the boundaries of presidential power. Whether a court applies it cautiously or aggressively often determines how civil rights, federalism, and the balance of power evolve.

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