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What is the purpose of judicial review in the U.S. legal system?

  1. To ensure laws align with economic policies

  2. To declare laws invalid if they contradict the constitution

  3. To eliminate outdated laws

  4. To create new legislation

The correct answer is: To declare laws invalid if they contradict the constitution

Judicial review serves a foundational role in the U.S. legal system by allowing courts to declare laws and actions unconstitutional if they do not align with the Constitution. This mechanism is essential for maintaining the supremacy of the Constitution as the highest law of the land. The practice originated from the landmark case Marbury v. Madison in 1803, where the Supreme Court established its authority to review and invalidate legislative and executive actions that conflict with constitutional mandates. Through judicial review, the judiciary acts as a check on the legislative and executive branches, helping to uphold individual rights and maintain the balance of power within government. This process ensures that neither Congress nor the President can enact laws or policies that infringe upon the protections guaranteed by the Constitution, thereby safeguarding democracy and the rule of law. In contrast, the other choices do not accurately capture the essential function of judicial review within the legal framework. Economic policy, the elimination of outdated laws, and the creation of legislation are not primary purposes of judicial review, as these actions fall under the responsibilities of legislative and executive branches rather than the judicial branch.