What is the power of judicial review?

• A. The power to create laws
• B. The power to enforce laws
• C. The power to decide if laws align with the Constitution
• D. The power to amend the Constitution

Answer: (C)

The power of judicial review refers to the authority of courts to examine the actions of the legislative and executive branches of government and determine whether those actions are in accordance with the Constitution. This principle was established in the landmark Supreme Court case Marbury v. Madison in 1803. Through judicial review, the judiciary plays a critical role in upholding the supremacy of the Constitution, ensuring that no law or governmental action can violate the constitutional framework.

This power is vital because it serves as a check on the powers exercised by the other branches of government, preventing potential abuses of power and protecting individual rights. By ensuring that laws are consistent with the Constitution, the judiciary maintains the rule of law and safeguards the rights enshrined in the Constitution, including those articulated in the Bill of Rights.

The other options reflect functions that belong to different branches of government. For instance, creating laws is primarily the responsibility of the legislative branch, enforcing laws falls under the executive branch, and amending the Constitution is a process that involves both the legislative and state levels but is not a function of judicial review. Thus, the role of judicial review as laid out in option C is essential for maintaining constitutional governance in the United States.