What does the principle of judicial review allow the judicial branch to do?

The principle of judicial review is a fundamental aspect of the American legal system, established primarily through the landmark Supreme Court case Marbury v. Madison in 1803. This principle grants the judicial branch the authority to examine the actions of both the legislative and executive branches to determine whether those actions are consistent with the Constitution.

When the judicial branch exercises judicial review, it can invalidate laws or governmental actions that it finds to be unconstitutional. This serves as a crucial check on the powers of the other branches, ensuring that they do not exceed the limits of their authority as defined by the Constitution. Judicial review thus maintains the balance of power among the branches of government and upholds the rule of law.

In contrast, enforcing executive orders involves actions taken by the executive branch, and appointing federal judges is a responsibility of the President with the advice and consent of the Senate. Drafting new legislation is a function assigned to the legislative branch. These functions do not pertain to the judicial branch's role in reviewing the constitutionality of actions taken by the legislative and executive branches.