PolicyBrief
S.RES. 136
119th CongressMar 25th 2025
A resolution affirming the rule of law and the legitimacy of judicial review.
IN COMMITTEE

This resolution affirms the Senate's belief that the judicial branch holds the exclusive power to interpret federal law and that the executive branch must abide by all federal court rulings.

Richard Durbin
D

Richard Durbin

Senator

IL

LEGISLATION

Senate Resolution Affirms: Courts, Not the Executive Branch, Decide What the Law Means

This Senate resolution isn't about setting up a new program or spending money; it’s a formal statement affirming the fundamental rules of the road for how the U.S. government operates. Specifically, the resolution states that the power to interpret federal law belongs exclusively to the federal judiciary. This means when there’s a dispute over what a law actually requires, the courts—from district courts all the way up to the Supreme Court—get the final say.

The Courts Have the Final Word

This resolution essentially rubber-stamps two centuries of legal precedent. It points directly to Article III of the Constitution, which establishes the judicial branch, and the landmark 1803 Supreme Court case, Marbury v. Madison. That case established the concept of judicial review, which is the court’s power to declare what the law is. Think of it this way: if Congress passes a law about workplace safety (say, requiring hard hats on construction sites), and a company argues the law doesn't apply to their specific type of work, the courts are the official referees who interpret the text and make the final call.

Why This Matters for the Executive Branch

The most practical part of this resolution is its clear mandate for the executive branch—the President and all the federal agencies like the EPA, IRS, or Department of Labor. The resolution affirms that the executive branch must comply with all rulings made by federal courts. This isn't optional. If a court issues an injunction or tells an agency it misinterpreted a regulation, that agency has to fall in line immediately. For example, if a court rules that the IRS overstepped its authority on a new tax rule, the IRS can't just ignore that ruling and keep enforcing the rule.

The Only Way to Fight Back: The Appeals Process

The resolution is crystal clear: if the executive branch or one of its agencies thinks a court ruling is completely wrong, their only legal recourse is to appeal the decision through the established legal channels—moving up to the Court of Appeals and potentially the Supreme Court. They can’t simply refuse to implement a ruling or come up with their own alternative interpretation. For everyday people, this is a big deal because it reinforces the stability and predictability of the law. It means that when a court rules on something—whether it’s about environmental protection or the legality of a student loan program—the government can’t just shrug and walk away. The ruling stands until a higher court overturns it, providing a crucial check on executive power and ensuring that the rule of law applies equally to everyone, including the federal government itself.