The Nature of the Judicial Function
Learn about how the federal courts became vested with the power of judicial review and its consequences.
I. The Federal Judiciary’s Primary Functions
The federal judiciary’s primary functions include declaring what the law is, determining disputing parties’ rights and obligations, and pronouncing and executing legal judgments. This first function, declaring what the law is, gives rise to the federal courts’ most important power, that of judicial review. The power of judicial review gives the federal courts the authority to interpret the...