Final answer:
Judicial review is the power of the judiciary to invalidate legislative and executive actions that are unconstitutional. It was established in the case of Marbury v. Madison and is essential to the system of checks and balances within the U.S. government.
Step-by-step explanation:
Judicial Review Defined
Judicial review is the authority bestowed upon the judiciary, which includes the Supreme Court and lower courts, to assess and possibly invalidate the actions of the legislative and executive branches of government. Specifically, it allows for the review of laws and acts to determine their constitutionality in relation to the U.S. Constitution. This pivotal power was asserted by the U.S. Supreme Court in the landmark case of Marbury v. Madison in 1803, essentially setting the precedent for future judicial scrutiny of government actions.
While the Constitution does not explicitly state the power of judicial review, it has become a central aspect of the checks and balances system, ensuring that no law or executive order can violate the overarching principles of the Constitution. Interestingly, though judicial review is an influential authority of the courts, it is utilized sparingly. Since its establishment, the Supreme Court has only invalidated a fractional percentage of all laws passed at both the national and state levels.
Accusations of judicial activism sometimes arise when courts are perceived to be overstepping their bounds or creating quasi-legislation through their rulings. Nonetheless, the concept of judicial review remains a foundational component of the American legal system, reinforcing the country's structure of government where no single branch has unfettered power over the others.