Judicial review is the power to what?

• A. The power to declare laws unconstitutional
• B. The power to appoint judges
• C. The power to interpret tax statutes
• D. The power to regulate commerce

Answer: (A)

Judicial review is the courts’ power to examine laws and government actions to ensure they comply with the Constitution and to strike down those that don’t. This creates a check and balance, letting the judiciary prevent unconstitutional laws or actions from taking effect. The concept was established in the Supreme Court's Marbury v. Madison decision, which holds that courts have the authority to review and invalidate laws that conflict with the Constitution. That’s why the correct description is the power to declare laws unconstitutional. Appointing judges is a function of the executive and legislative branches, interpreting tax statutes is part of applying the law (not the defining power of judicial review), and regulating commerce is a legislative power that courts may interpret in specific cases, not the core function of judicial review itself.