What term refers to the judicial review that allows courts to declare laws unconstitutional?

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Judicial review is the process by which courts have the authority to review laws and actions by the legislative and executive branches and declare them unconstitutional if they violate the principles set forth in the Constitution. This power is a fundamental aspect of the checks and balances system in the United States government, established by the landmark Supreme Court case Marbury v. Madison in 1803.

In this case, the Supreme Court asserted its authority to invalidate laws that conflict with the Constitution, reinforcing the judiciary's role in interpreting the law. This means that judges and justices can evaluate whether a law aligns with constitutional mandates and, if not, deem it void.

Other options do not accurately define this judicial authority. Nullification refers to a state's rights doctrine where a state may invalidate a federal law it deems unconstitutional. Veto power pertains to the executive branch's ability to reject legislation passed by the legislature, while constitutional review is a more generic term that could refer to reviewing or interpreting the Constitution rather than the specific judicial power to declare laws unconstitutional. Therefore, judicial review is the term that precisely captures the courts' ability to ensure that all laws comply with constitutional principles.

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