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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 108 Introduced in Senate (IS)]

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119th CONGRESS
  1st Session
S. RES. 108

    Affirming the rule of law and the legitimacy of judicial review.


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                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2025

  Mr. Durbin (for himself, Mr. Coons, Mr. Blumenthal, Mr. Schiff, Mr. 
   Booker, Ms. Klobuchar, Mr. Whitehouse, Mr. Kim, Mrs. Shaheen, Ms. 
     Hirono, Ms. Cortez Masto, Mr. Hickenlooper, Mr. Heinrich, Ms. 
 Duckworth, Mr. Wyden, Mr. Welch, Mr. Kelly, Mr. Padilla, Mr. Schumer, 
Mr. Ossoff, and Mr. Warnock) submitted the following resolution; which 
             was referred to the Committee on the Judiciary

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                               RESOLUTION


 
    Affirming the rule of law and the legitimacy of judicial review.

Whereas the Constitution of the United States establishes 3 separate but equal 
        branches of Government;
Whereas Article III of the Constitution of the United States vests the 
        ``judicial Power of the United States . . . in one supreme Court, and in 
        such inferior Courts as the Congress may from time to time ordain and 
        establish'';
Whereas the Supreme Court of the United States, in Marbury v. Madison, 
        established the principle of judicial review, which empowers Federal 
        courts to hold that a legislative or executive act violates the 
        Constitution of the United States;
Whereas Vice President Vance and other prominent elected officials have made 
        remarks suggesting the President or the executive branch may ignore the 
        constitutional authority of the Federal Judiciary and disregard a 
        decision of a Federal court; and
Whereas the President or the executive branch ignoring the constitutional 
        authority of the Federal Judiciary and disregarding a decision of a 
        Federal court would precipitate a constitutional crisis: Now, therefore, 
        be it
    Resolved, That the Senate affirms that--
            (1) Article III of the Constitution of the United States 
        vests the ``judicial Power of the United States . . . in one 
        supreme Court, and in such inferior Courts as the Congress may 
        from time to time ordain and establish'';
            (2) as Chief Justice Marshall held in the Supreme Court's 
        landmark 1803 decision Marbury v. Madison, ``It is emphatically 
        the province and duty of the judicial department to say what 
        the law is''; and
            (3) the Constitution of the United States and established 
        precedent require the executive branch to comply with all 
        Federal court rulings.
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