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The authority of the federal [[court]]s to declare [[law]] enacted by [[Congress]] un[[constitution]]al.<ref>US Government and Politics</ref>  [[Chief Justice]] Marshall established this doctrine in ''[[Marbury v. Madison]]''

The authority of the federal [[court]]s to declare [[law]] enacted by [[Congress]] un[[constitution]]al.<ref>US Government and Politics</ref>  [[Chief Justice]] Marshall established this doctrine in ''[[Marbury v. Madison]]''

:It is emphatically the province and duty of the judicial department to say what the law is.

:It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.

If, for example, a law is unconstitutional, then courts should not enforce it.

:If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.

This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as [[judicial supremacy]] or [[judicial activism]].

In this declaration, for example, if a law is unconstitutional then courts should not enforce it.  Since all laws and all departments are inferior to the Constitution, none should be continued which are contrary to it.  This is not to be confused with additional unjustified power taken by the judiciary for itself that is known as [[judicial supremacy]] or [[judicial activism]], which was not the result of the ''Marbury'' ruling.

==Review of executive decision making==

==Review of executive decision making==