Legal Definitions - judicial review

Judicial review is a foundational principle in the United States system of government that empowers courts, particularly the Supreme Court, to examine actions taken by the legislative (Congress) and executive (President and federal agencies) branches. The purpose of judicial review is to determine whether these actions comply with the U.S. Constitution.

If a court concludes that a law passed by Congress or an action taken by the President or a federal agency violates the Constitution, it has the authority to declare that action unconstitutional and therefore invalid. This crucial power ensures that all government entities operate within the boundaries and limitations established by the Constitution, even though the Constitution itself does not explicitly grant this power. The concept of judicial review was famously established by the Supreme Court in the landmark 1803 case of Marbury v. Madison.

Here are some examples illustrating how judicial review operates:

• Reviewing a Federal Law: Imagine Congress passes a new federal law that prohibits individuals from wearing certain types of religious head coverings in all federal buildings, citing security concerns. A religious freedom advocacy group could challenge this law in federal court, arguing it violates the First Amendment's protection of religious freedom. Through judicial review, the Supreme Court would examine whether the law's restrictions are necessary and narrowly tailored, or if they unconstitutionally infringe upon individuals' rights. If the Court finds the law to be an overreach, it can declare the law unconstitutional and prevent its enforcement.

• Reviewing an Executive Action: Suppose the President issues an executive order directing all federal agencies to disregard environmental impact assessments for new infrastructure projects, aiming to speed up construction. Environmental organizations and affected communities could file a lawsuit, arguing that this executive order exceeds the President's constitutional authority or violates existing federal environmental laws. A federal court, exercising judicial review, would evaluate whether the President's order is within the bounds of presidential power and consistent with the Constitution and statutory law. If found to be unconstitutional or unlawful, the court could block the executive order from taking effect.

• Reviewing a State Law: Consider a state legislature that passes a law requiring all public school teachers to lead students in a specific non-denominational prayer at the start of each school day. Parents and civil liberties groups could challenge this state law in federal court, arguing that it violates the Establishment Clause of the First Amendment, which prohibits the government from establishing or endorsing a religion. Through judicial review, the federal courts would assess whether the state law unconstitutionally promotes religion in public schools. If the courts determine it does, they can declare the state law unconstitutional and prevent its implementation.