Affirming Judicial Review Legitimacy

Full Title:
A resolution affirming the rule of law and the legitimacy of judicial review.

Summary#

This Senate resolution says that Article III of the Constitution gives the judicial branch its power, citing the Supreme Court and lower federal courts. It quotes Chief Justice Marshall from Marbury v. Madison that it is the judiciary's duty to say what the law is. The resolution also states that the Constitution and established precedent require the executive branch to comply with federal court rulings, and that the executive may appeal a federal court ruling when authorized by law. The resolution was introduced on March 25, 2025, by Senator Richard Durbin and multiple cosponsors and was referred to the Senate Committee on the Judiciary.

What it means for you#

The resolution restates that courts have authority to interpret the Constitution and that federal court decisions should be followed by the executive branch. No publicly available information about direct changes to individual rights, duties, or government actions beyond the language of the resolution.

Expenses#

No publicly available information.

Proponents' View#

The text of the resolution expresses that Article III vests judicial power in the Supreme Court and inferior courts, that Marbury v. Madison establishes the judiciary's role in saying what the law is, and that the executive must comply with federal court rulings but may appeal when authorized by law.

Opponents' View#

No publicly available information.