Final answer:
Judicial review is the power of the U.S. Supreme Court and other courts to invalidate laws and government actions that conflict with the Constitution. First asserted in Marbury v. Madison, this principle is integral to the checks and balances system and has been used to strike down a small percentage of laws deemed unconstitutional.
Step-by-step explanation:
The Power of Judicial Review
The concept in question, judicial review, is a critical function of the United States Supreme Court and indeed the broader judicial system. First established in the landmark Marbury v. Madison case in 1803, it empowers the Court to nullify legislative and executive actions deemed inconsistent with the Constitution. Importantly, while the original Constitution does not explicitly grant this power, it has become a cornerstone of the American legal system, allowing for a system of checks and balances between the branches of government.
Marbury v. Madison is hailed as the cornerstone case that cemented the judiciary's role in interpreting constitutional law. Since then, both federal and state courts have exercised judicial review to ensure government actions adhere to constitutional principles. Despite being rarely used—less than 0.25% of all national laws have been struck down—it remains a significant tool in preserving the rule of law and the Constitution.
The role of the judiciary, including both the Supreme Court and lower courts, to strike down laws and government actions as unconstitutional is fundamental to maintaining a balance of power within the U.S. governmental structure. The enduring impact of judicial review plays a crucial role in shaping U.S. law and governance, ensuring that the Constitution remains the supreme law of the land.