What is the power of judicial review?

The power of judicial review refers to the authority of the courts to evaluate the constitutionality of legislative or executive actions. This means that courts can assess whether a law or executive order aligns with the principles set forth in the Constitution. If a court finds that an action is unconstitutional, it has the power to invalidate that action, ensuring that all laws and executive actions comply with the Constitution.

This principle was established in the landmark case of Marbury v. Madison (1803) and has since become a fundamental aspect of the American legal system. It ensures a system of checks and balances among the branches of government, safeguarding citizens' rights and upholding the rule of law. The ability to determine the constitutionality of actions enhances the judiciary's role in protecting the Constitution and maintaining a balance of power.

The other options concern powers that do not relate to judicial review. Creating laws pertains to the legislative branch, enforcing laws relates to the executive branch, and amending the Constitution is the realm of a formal process requiring supermajority support from Congress and the states, none of which involve judicial review.