119-sres108

[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.

_______________________________________________________________________

 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

_______________________________________________________________________

 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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