What is the power of the courts to determine whether the actions of the other branches are constitutional?

• A. Original jurisdiction
• B. Judicial review
• C. Strict construction
• D. Stare decisis

Answer: (B)

Judicial review is the power of courts to determine whether the actions of the other branches are constitutional. This allows the judiciary to strike down laws or executive actions that violate the Constitution, creating a check on Congress and the President. Although the Constitution does not explicitly say that courts have this power, Marbury v. Madison established that interpreting the Constitution and resolving constitutional questions is a core judicial function. This foundation explains why judicial review is the mechanism by which constitutional limits are enforced across branches.

Original jurisdiction refers to where a case starts—the authority to hear a case first. Strict construction is about interpreting the Constitution or laws narrowly by sticking closely to the text. Stare decisis is the principle of following previous court decisions. These concepts describe different ideas, but they don’t capture the specific authority to judge constitutional validity across branches the way judicial review does.