Which power allows the Supreme Court to assess the constitutionality of laws?

The Supreme Court’s ability to assess the constitutionality of laws is known as judicial review. This power was established in the landmark case Marbury v. Madison in 1803, where the Court asserted its role in interpreting the Constitution and invalidating laws that it finds to be in conflict with constitutional principles.

Judicial review is fundamental to the system of checks and balances that characterizes the American government, as it allows the judiciary to limit the powers of the legislative and executive branches by ensuring that their actions comply with the Constitution. This ability is essential for protecting individual rights and maintaining the rule of law, thus reinforcing the judicial branch's vital role in governance.

Other terms, such as judicial initiative, refer to a proactive role in shaping laws rather than reviewing them, while judicial enforcement involves the implementation of court rulings. Judicial restraint is a philosophy guiding judges to avoid overturning laws and precedents unless there is a clear constitutional violation. Therefore, these terms do not accurately capture the process by which the Supreme Court evaluates laws for their constitutional validity.