What does the process of "judicial review" allow the courts to do?

• A. Review executive orders
• B. Assess the constitutionality of laws
• C. Issue new laws
• D. Conduct trials for impeached officials

Answer: (B)

Judicial review is a fundamental principle that allows courts to assess the constitutionality of laws and actions taken by the legislative and executive branches of government. This power is crucial in maintaining the balance of power among the branches of government and ensuring that no law or action can violate the constitutional rights of individuals. Through judicial review, courts can invalidate any law or executive action that is found to be inconsistent with the Constitution, thus upholding the supremacy of constitutional law.

Understanding judicial review is essential for recognizing the role of the judiciary in safeguarding democratic principles, as it serves as a check on the powers of the other branches. The practice notably emerged from the landmark Supreme Court case Marbury v. Madison in 1803, which established the judiciary's authority to overrule both Congress and the President regarding constitutional interpretation.