Political Glossary

Judicial Review

The power of courts to decide whether laws or government actions violate the Constitution.

Courts
Updated Jun 16, 2026
2 linked surveys
In plain English
When courts decide what the Constitution allows.

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.

Simple 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.
Check on power

Judicial review is the primary check on Congress and the President when they exceed their constitutional authority.

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.

You’ve learned the term. Now vote.
Should Supreme Court justices have term limits?
Live results — 152 voters
Yes — impose 18-year term limits through a constitutional amendment15%
Yes — but only through statute, preserving lifetime status on lower courts31%
No — but adopt a binding ethics and recusal code instead25%
No — keep lifetime appointments as written in Article III29%
See how 152 Americans voted
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