Check on power
Judicial review is the primary check on Congress and the President when they exceed their constitutional authority.
In plain English
Judicial review is how courts say "this law or action goes too far under the Constitution" — even if Congress and the President agreed on it.
Example
The Supreme Court established judicial review in Marbury v. Madison (1803) and has used it to strike down laws across every era of American government.
Why it matters
What the term actually changes.
Constitutional meaning
Because courts decide what the Constitution allows, judicial review shapes how civil rights, federalism, and presidential power evolve.
How it works
The mechanics, in practice.
A case arrives
Someone harmed by a law or government action sues, arguing it violates the Constitution.
Courts weigh it
Judges compare the challenged law or action against the constitutional text and precedent.
Striking it down
If the law conflicts with the Constitution, courts refuse to enforce it — and higher-court rulings bind every court below.
Related guide
What is judicial review?
Judicial review is the power American courts use to decide whether a law or government action violates the Constitution.
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