A resolution affirming the rule of law and the legitimacy of judicial review.
This is a non-binding Senate resolution (a sense-of-the-Senate measure) introduced in the 119th Congress on March 5, 2025, sponsored by Senators Durbin and a coalition of other lawmakers. It affirms the core constitutional framework of government with three separate branches, underscores the authority of the judiciary, and reiterates the principle of judicial review established by Marbury v. Madison. The resolution notes recent remarks by some officials suggesting the executive branch could ignore Supreme Court or federal court rulings, and it warns that such disregard would risk a constitutional crisis. It then reiterates three core points: (1) Article III vests judicial power in the courts; (2) judicial review is the province and duty of the judicial department; and (3) the executive branch must comply with all federal court rulings. In short, the measure expresses strong support for the rule of law and the legitimacy of judicial review and calls for adherence to court rulings as a constitutional duty. It does not create new law or new judicial powers.
Key Points
- 1Non-binding sense of the Senate: This is a resolution expressing the Senate’s viewpoint, not a new law or policy change.
- 2Affirmed constitutional structure: Reiterates that Article III vests judicial power in the Supreme Court and Congress-established inferior courts.
- 3Judicial review established: Cites Marbury v. Madison to affirm that the judiciary has the authority to interpret the law and strike down unconstitutional acts.
- 4Warnings about rhetoric that undermines courts: References remarks by Vice President Vance and others suggesting executives might ignore court authority, signaling concern over threats to judicial independence.
- 5Duty to follow court rulings: States that the Constitution and established precedent require the executive branch to comply with federal court decisions.