III
119THCONGRESS
1
STSESSION S. RES. 108
Affirming the rule of law and the legitimacy of judicial review.
IN THE SENATE OF THE UNITED STATES
MARCH5, 2025
Mr. D
URBIN(for himself, Mr. COONS, Mr. BLUMENTHAL, Mr. SCHIFF, Mr.
B
OOKER, Ms. KLOBUCHAR, Mr. WHITEHOUSE, Mr. KIM, Mrs. SHAHEEN,
Ms. H
IRONO, Ms. CORTEZMASTO, Mr. HICKENLOOPER, Mr. HEINRICH,
Ms. D
UCKWORTH, Mr. WYDEN, Mr. WELCH, Mr. KELLY, Mr. PADILLA,
Mr. S
CHUMER, Mr. OSSOFF, and Mr. WARNOCK) submitted the following
resolution; which was referred to the Committee on the Judiciary
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 Con-
gress 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 leg-
islative or executive act violates the Constitution of the
United States;
VerDate Sep 11 2014 00:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6300 E:\BILLS\SR108.IS SR108
kjohnson on DSK7ZCZBW3PROD with $$_JOB 2
•SRES 108 IS
Whereas Vice President Vance and other prominent elected
officials have made remarks suggesting the President or
the executive branch may ignore the constitutional au-
thority of the Federal Judiciary and disregard a decision
of a Federal court; and
Whereas the President or the executive branch ignoring the
constitutional authority of the Federal Judiciary and dis-
regarding a decision of a Federal court would precipitate
a constitutional crisis: Now, therefore, be it
Resolved, That the Senate affirms that— 1
(1) Article III of the Constitution of the United 2
States vests the ‘‘judicial Power of the United States 3
. . . in one supreme Court, and in such inferior 4
Courts as the Congress may from time to time or-5
dain and establish’’; 6
(2) as Chief Justice Marshall held in the Su-7
preme Court’s landmark 1803 decision Marbury v. 8
Madison, ‘‘It is emphatically the province and duty 9
of the judicial department to say what the law is’’; 10
and 11
(3) the Constitution of the United States and 12
established precedent require the executive branch to 13
comply with all Federal court rulings. 14
Æ
VerDate Sep 11 2014 00:53 Mar 06, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6301 E:\BILLS\SR108.IS SR108
kjohnson on DSK7ZCZBW3PROD with $$_JOB