What is “judicial review”? how might the history of America be different without it?

Judicial review is the power of a court to review the constitutionality of a government action, law, or decision. In the United States, judicial review is most closely associated with the Supreme Court, which has the authority to interpret the Constitution and assess the constitutionality of laws and actions taken by the government.

The concept of judicial review was established through the landmark case Marbury v. Madison (1803), in which Chief Justice John Marshall asserted the Supreme Court's authority to review and invalidate laws that are deemed unconstitutional. This decision established the principle that the judiciary has the power of judicial review.

How might the history of America be different without judicial review?

1. Limited Checks and Balances: Judicial review is a crucial component of the system of checks and balances in the U.S. government. Without it, there would be a significant gap in the ability to check the constitutionality of legislative and executive actions.
2. Potential for Unconstitutional Laws: Without judicial review, there would be a higher risk of unconstitutional laws and government actions going unchallenged and being implemented. This could potentially lead to a violation of individual rights and liberties.
3. Implications for Civil Rights: Many landmark decisions related to civil rights and liberties have been based on judicial review. Without this mechanism, progress in protecting individual freedoms and promoting equality might have been slower or less effective.
4. Shift in Power Dynamics: The ability of the judiciary to review and strike down laws ensures a balance of power among the three branches of government. Without judicial review, there might be an imbalance, with the legislative and executive branches having more unchecked authority.
5. Impact on Constitutional Interpretation: The absence of judicial review would mean that there is no final arbiter on constitutional interpretation. Disputes about the meaning of the Constitution would lack a definitive resolution, potentially leading to inconsistent application of constitutional principles.

In summary, judicial review has played a fundamental role in shaping the legal and constitutional landscape of the United States. Its absence would likely have far-reaching consequences, affecting the protection of individual rights, the balance of power among branches of government, and the overall development of constitutional law.