Final answer:
Judicial review is the power held by the courts to determine the constitutionality of actions taken by the executive and legislative branches of government. This power was acknowledged in the 1803 Supreme Court case Marbury v. Madison.
Step-by-step explanation:
The concept questioned is known as judicial review, a significant portion of the U.S. judicial system. Within this system, courts, spearheaded by the Supreme Court, maintain the authority to examine the activities of the executive and legislative branches of government. They investigate whether these branches' actions are in adherence to rights established by State and Federal constitacies.The courts' use of judicial review helps ensure that the U.S. Constitution is upheld as the supreme law of the land.
The power of judicial review was recognized in the Supreme Court case Marbury v. Madison in 1803. Here, the court nullified an act of Congress for the first time deeming it unconstitutional. This decision illustrated the court's role as a key player in the system of checks and balances. From this case onward, judicial review has been seen as a crucial attribute of judicial power.
Despite the relevance of judicial review, it's important to note that not every law or governmental action is ruled unconstitutional. Both legislation and actions by the executive and legislative branches are often assumed to be constitutional until proven otherwise. However, judicial review equips courts with the capacity to assess these actions, ensuring they abide by the U.S. Constitution, thereby upholding it as the supreme law of the land.
Learn more about Judicial Review