What does "judicial review" refer to?

• A. The power of the courts to declare laws unconstitutional
• B. The process of amending the Constitution
• C. The ability of Congress to override a presidential veto
• D. The authority of the President to appoint judges

Answer: (A)

Judicial review refers to the power of the courts to declare laws unconstitutional. This principle was established by the Supreme Court in the landmark case Marbury v. Madison in 1803. The concept asserts that the judiciary has the authority to review legislation and executive actions to ensure they comply with the Constitution. If a law is found to violate the Constitution, the courts can strike it down, effectively nullifying its legal effect. This serves as a critical check on the legislative and executive branches, maintaining the balance of power within the government and protecting the rights enshrined in the Constitution. The other potential answers address different government functions and powers that do not specifically relate to the judiciary's ability to evaluate the constitutionality of laws.