What is judicial review, and which case established it?

• A. The power of the President to veto laws; Marbury v. Madison
• B. The obligation of states to follow federal treaties; Dred Scott v. Sandford
• C. The power of courts to declare laws unconstitutional; established by Marbury v. Madison
• D. The power of Congress to amend the Constitution; McCulloch v. Maryland

Answer: (C)

Judicial review is the power of courts to examine laws and government actions to see if they conform to the Constitution. If something clashes with the Constitution, the judiciary can declare it unconstitutional and void. This authority was established by the Supreme Court in Marbury v. Madison, decided in 1803, which set the precedent that the judiciary can review and strike down laws and actions that violate the Constitution. This gives the courts a check on both Congress and the President and upholds constitutional supremacy.

The other options mix up different powers or historical issues: veto power belongs to the President, Dred Scott v. Sandford addressed slavery and citizenship rather than establishing judicial review, and McCulloch v. Maryland dealt with federal vs. state power but did not establish judicial review.