What does 'Judicial Review' empower the courts to do?

Judicial review is a crucial concept in the American judicial system that empowers the courts to interpret the Constitution and assess the constitutionality of legislative and executive actions. This authority enables the judiciary to ensure that laws and policies enacted by the government do not violate constitutional provisions, thus safeguarding individual rights and maintaining the rule of law.

In practice, judicial review enables courts to invalidate laws or government actions that they find incompatible with the Constitution, serving as a check on the powers of the legislative and executive branches. This power was established by the landmark Supreme Court case Marbury v. Madison in 1803, which set a precedent for the judiciary's role as an interpreter of the Constitution.

Other options address different functions of government: making laws pertains to the legislative branch, enforcing laws is a primary responsibility of the executive branch, and electing representatives is a fundamental aspect of the democratic process in which citizens participate through voting. Thus, the primary role of the courts, as established through judicial review, is to interpret the Constitution, ensuring that all actions taken by government entities adhere to its principles.