Bill · S.Res. 108· Senate(119-SRES-108)

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

Age: 82 years

Illinois

Introduced: 3/5/2025
Last activity: 3/5/2025 — Referred to the Committee on the Judiciary. (text: CR S1583)
Sponsored by: Richard Durbin
Cosponsors: - 20 - 0

Law

Introduced
In Committee

A Senate resolution is the Senate speaking for itself: stating a position, honouring someone, or setting its own rules. Adopting it is the whole process. Once the Senate agrees to it, it is officially the Senate's word; it is not a law, so the House and the President have no part in it.

What this bill would do

This resolution affirms the rule of law and the legitimacy of judicial review. It notes that the Constitution establishes three separate branches of government and vests judicial power in the Supreme Court and inferior courts. The text highlights that the Supreme Court established the principle of judicial review through Marbury v. Madison. It addresses remarks made by Vice President Vance and other officials regarding the executive branch's authority to ignore the judiciary. Finally, it states that such actions would cause a constitutional crisis. The Senate resolves to affirm judicial power and the requirement that the executive branch comply with court rulings.

Yes

Does this protect the right to fair treatment by the courts?+5
Upholding the requirement that the executive comply with court decisions protects the legal rights of individuals against unchecked executive power.
Does this give the federal government more power?+3
The resolution bolsters the authority of the federal judiciary to check the actions of the executive branch.
Does this make what the government does easier for the public to see?+2
By affirming judicial review, the resolution supports a system of checks and balances that maintains government accountability.