PolicyBrief
S.RES. 108
119th CongressMar 5th 2025
A resolution affirming the rule of law and the legitimacy of judicial review.
IN COMMITTEE

This resolution affirms the rule of law, the legitimacy of judicial review, and the duty of the executive branch to comply with Federal court rulings.

Richard Durbin
D

Richard Durbin

Senator

IL

LEGISLATION

Resolution Reaffirms Judicial Review, Requires Executive Branch to Comply with Court Rulings

This resolution is basically a strong reminder about how our government is supposed to work. It emphasizes that the Constitution sets up three separate, but equal, branches of government: the legislative (Congress), the executive (President and their administration), and the judicial (the courts, with the Supreme Court at the top).

Checks and Balances, Refresher

The core message here is all about checks and balances. The resolution points out that the Supreme Court has the power of "judicial review." This means the Court can decide if laws passed by Congress or actions taken by the executive branch go against the Constitution. If the Court says something is unconstitutional, that's it – it's not allowed. This power was established way back in 1803 with the Marbury v. Madison case, and it's a cornerstone of how our legal system works.

The Real Deal: Executive Branch Must Follow Court Orders

The resolution gets specific, stating very clearly that the "judicial power of the United States" belongs to the Supreme Court and other federal courts that Congress sets up. It underlines that it's the judicial branch's job to interpret the law, and – this is key – the executive branch must follow all rulings from federal courts. This requirement is based directly on the Constitution and long-standing legal precedent.

Why This Matters Now: Concerns about Disregarding Court Authority

The resolution expresses some serious concern. It mentions that statements from the Vice President and other elected officials have suggested the executive branch might actually ignore the authority and decisions of the federal judiciary. The resolution warns that this kind of disregard could trigger a full-blown constitutional crisis – basically, a major showdown between different parts of the government that could shake the foundations of how our system operates.