What does judicial review empower the courts to do?

Judicial review is a fundamental principle in the American legal system that enables courts to assess the constitutionality of laws and actions taken by the legislative and executive branches of government. When courts exercise judicial review, they can invalidate statutes or governmental actions that violate constitutional provisions. This mechanism serves as a check on the powers of the other branches of government, ensuring that all laws and actions are in compliance with the Constitution.

This promotes a balance of power and protects individual rights by preventing illegal or unconstitutional laws from having legal effect. The ability to declare laws unconstitutional has been a key feature of the judiciary's role in upholding the rule of law and maintaining the integrity of the constitutional framework.

Other options do not accurately reflect the role of judicial review. Making new laws based on public opinion falls outside the courts’ jurisdiction, as that responsibility rests with the legislative branch. Overseeing state elections is also primarily a function of state officials and agencies. Additionally, while judicial review does entail reviewing executive actions, the core function highlighted here is the authority to declare laws unconstitutional, which is the primary focus of judicial review.