What is the process by which courts interpret the Constitution?

• A. Legislative review
• B. Judicial review
• C. Executive review
• D. Constitutional review

Answer: (B)

Judicial review is the process by which courts interpret the Constitution and assess the legality of legislative and executive actions. This fundamental principle allows courts to examine laws and government actions to determine whether they align with the Constitution, ensuring that no law or action can violate constitutional rights. The landmark case Marbury v. Madison established judicial review in 1803, solidifying the role of the judiciary as a check on the other branches of government.

In the context of the U.S. governmental framework, judicial review empowers courts to act as arbiters of constitutional interpretation, addressing issues such as the protection of individual rights, the limits of government power, and the constitutionality of laws. This mechanism is vital for upholding the rule of law and protecting the rights of citizens. Other processes listed, such as legislative review, executive review, and constitutional review, do not accurately describe the specific judicial function of interpreting the Constitution as defined by the principles established in U.S. jurisprudence.