Verified snapshot · October 30, 2026
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Judicial review

Courts can strike down a law that conflicts with the Constitution. The Constitution does not say so; a court did, in 1803.

Federal courts can declare laws and executive actions unconstitutional, and then they cannot be enforced.

All steps in text
  1. Federal courts can declare laws and executive actions unconstitutional, and then they cannot be enforced.
  2. The Constitution does not spell it out. In Marbury v. Madison, 1803, the Supreme Court claimed it, and it has held ever since.
  3. Every federal court, and state courts too. The Supreme Court has the last word on federal questions.
  4. A court needs an actual case brought by someone harmed. It does not review laws in the abstract.
  5. Congress can rewrite a law or propose an amendment. The Court can overrule itself, as in 2022 when it overruled Roe v. Wade.

✗It seems that The Supreme Court can strike down any law it dislikes.

✓Actually It needs a case, a party with standing, and a constitutional reason. Most laws are never reviewed at all.

Why it matters

Judicial review is why Senate confirmation of judges matters so much, and why constitutional questions end up in court rather than in Congress.

See it in the data

Source: Supreme Court: constitutional role (October 30, 2026) · National Archives: Marbury v. Madison (October 30, 2026) · National Archives: Constitution (October 30, 2026)

Verified snapshot: October 30, 2026. The explanations are written in plain language from official sources and are not legal advice. Each concept lists its sources.

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