III
119THCONGRESS
1
STSESSION S. RES. 136
Affirming the rule of law and the legitimacy of judicial review.
IN THE SENATE OF THE UNITED STATES
MARCH25, 2025
Mr. D
URBIN(for himself, Mr. SCHUMER, Ms. HIRONO, Mr. HICKENLOOPER,
Mr. C
OONS, Mr. WHITEHOUSE, Ms. KLOBUCHAR, Ms. DUCKWORTH, Mr.
W
ELCH, Mr. PADILLA, Mr. WYDEN, Mr. OSSOFF, Mr. BLUMENTHAL,
Mrs. S
HAHEEN, and Mr. KELLY) 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.
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
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•SRES 136 IS
Madison, ‘‘It is emphatically the province and duty 1
of the judicial department to say what the law is’’; 2
(3) the Constitution of the United States and 3
established precedent require the executive branch to 4
comply with all Federal court rulings; and 5
(4) if the executive branch disagrees with a rul-6
ing by a Federal court, it may appeal that ruling 7
when authorized by law. 8
Æ
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