Why is judicial review although not mentioned in the constitution, an important activity for the Supreme Court?

History · High School · Wed Jan 13 2021

Answered on

Judicial review, the power of the courts to review and, if necessary, strike down actions of the legislative and executive branches as unconstitutional, is not explicitly mentioned in the U.S. Constitution. However, it's a crucial aspect of the Supreme Court's authority for several reasons:

  1. Checks and Balances: It reinforces the system of checks and balances among the branches of government. It ensures that Congress and the President adhere to the Constitution's principles, preventing potential abuses of power.
  2. Preserving Constitutional Rights: It safeguards individual rights and freedoms by holding laws and executive actions accountable to the Constitution, ensuring that they don't violate fundamental rights enshrined in the Constitution.
  3. Established in Marbury v. Madison: The principle of judicial review was established by the landmark Supreme Court case Marbury v. Madison in 1803. Chief Justice John Marshall articulated the Court's authority to review laws and executive actions and strike them down if they are unconstitutional.
  4. Defining the Constitution: It allows the Court to interpret the Constitution's meaning over time, adapting to societal changes while staying true to the document's underlying principles.

Overall, judicial review serves as a critical mechanism for upholding the Constitution and maintaining the balance of power within the government.