Q:

Where did judicial review come from?

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Quick Answer

Judicial review comes from Article VI, Clause 2 of the U.S. Constitution, which states that state courts must uphold the Constitution as the supreme law of the land. This authority was also extended to the U.S. Supreme Court in 1803 in the case of Marbury v. Madison.

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Where did judicial review come from?
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Full Answer

Marbury v. Madison was the first case in U.S. history that struck down a law from Congress, and it was the first time in world history that a court was bestowed with such power. Chief Justice John Marshall stated that it was the Supreme Court's obligation to review a law to see if it coincided with the Constitution, and he argued that it was the court's duty to define the law. This proclamation also allows the Supreme Court to invalidate laws that have been upheld by higher state courts.

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