American Government › Section M · The courts › Topic M.1
Courts as guardians of the Constitution
The federal courts command no army and control no budget, yet they can strike down laws passed by Congress and orders signed by the president. This topic explains where that power came from, how courts use it to shape policy and protect individuals, and what holds it in check.
In this topic
- A branch without sword or purse
- The least dangerous branch
- Humble beginnings
- Worked example: Marbury v. Madison (1803)
- Judicial review in practice
- Judge-made law and public policy
- Worked example: the courts and the Affordable Care Act
- Courts as a last resort for individuals
- Balancing rights and government interests
- Limits on judicial power
- Common mistakes to avoid
- Key takeaways
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