What is judicial review?

Judicial review is the power of courts to examine laws, policies, and government actions, ultimately determining their constitutionality. This foundational principle allows the judiciary to ensure that laws passed by the legislative branch do not violate the Constitution's provisions. This mechanism was established in the landmark case of Marbury v. Madison in 1803, whereby the Supreme Court asserted its authority to review and nullify legislation that opposes constitutional mandates.

In contrast to the other options, amending the Constitution involves a formal process outlined in Article V, which is distinct from judicial review. The presidential veto is a specific executive check on legislative power, allowing the president to reject bills but not to declare them unconstitutional. Meanwhile, the oversight role of Congress relates to its ability to monitor and influence executive actions, which does not include the authority to declare laws unconstitutional. Judicial review, therefore, plays a unique and crucial role in the system of checks and balances inherent to the U.S. government.