Judicial review is the primary check on Congress and the President when they exceed their constitutional authority.
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.
Because courts decide what the Constitution allows, judicial review shapes how civil rights, federalism, and presidential power evolve.
Someone harmed by a law or government action sues, arguing it violates the Constitution.
Judges compare the challenged law or action against the constitutional text and precedent.
If the law conflicts with the Constitution, courts refuse to enforce it — and higher-court rulings bind every court below.
A look at the constitutional rules, historical trends and reform proposals behind a debate over how long justices should serve.
Read the guide →A long-running debate over judicial tenure has gained new prominence amid proposals to cap justices' service at 18 years.
Read the brief →Should the federal government set national rules for mail-in voting?
Judicial review is the power American courts use to decide whether a law or government action violates the Constitution.
An executive order is a written instruction from the President that the executive branch must follow — but it can't create new law.
Should the federal government restrict mail-in voting nationwide?