What does the term 'judicial review' refer to?

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The term 'judicial review' specifically refers to the Supreme Court's power to invalidate laws that conflict with the Constitution. This principle arises from the landmark case Marbury v. Madison in 1803, where the Supreme Court established its role as the arbiter of constitutional interpretation. Judicial review allows the judiciary to ensure that laws and actions taken by the legislative and executive branches conform to the Constitution, thus maintaining the rule of law and protecting individual rights against potential governmental overreach.

This mechanism acts as a check on legislative and executive powers, reinforcing the balance of power among the branches of government. Knowing this concept is vital because it underlines the judiciary's important role in upholding constitutional governance and serves as a foundation for the protection of civil liberties within the United States.

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