Judicial Review

The Constitution of the United States is a written document that sets forth the powers and duties of the federal government and guarantees fundamental rights to people in the United States. Article III of the Constitution establishes the judicial branch and vests judicial power in the Supreme Court, as well as any lesser federal courts as Congress may create, such as federal district courts (trial courts) and circuit courts (appellate courts). In the landmark case of Marbury v. Madison, the Supreme Court held that the judicial branch of the federal government has the authority to interpret the Constitution and declare acts of Congress unconstitutional. This process of determining constitutionality is known as judicial review and may apply to acts of the legislative and executive branches, as well as state governments. Federal courts may conduct judicial review where they have jurisdiction over a claim that fulfills the requirements of justiciability. [See U.S....