Q:

Where did judicial review come from?

A:

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.

Know More
Where did judicial review come from?
Credit: Paul Bradbury Caiaimage Getty Images

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.

Learn more about Law

Related Questions

  • Q:

    Why is judicial review controversial?

    A:

    Judicial review is controversial because an unelected group is charged with interpreting the Constitution and thereby the validity of laws affecting the populous.Judicial review should be void of all political bias, however, the power granted to a body that is not accountable to the public can be seen as an imbalance in the checks and balances intended by the three branch system of democracy in the United States.

    Full Answer >
    Filed Under:
  • Q:

    How do you define formal amendment?

    A:

    A formal amendment to the U.S. Constitution is one that goes through one of the processes outlined in Article V of the Constitution and adds to or changes the document's wording. In contrast, an informal amendment does not include a change to the wording of the Constitution but reflects a change in how the people or the courts interpret its meaning.

    Full Answer >
    Filed Under:
  • Q:

    What responsibilities does the Judicial Branch have in the United States government?

    A:

    The Judicial Branch of the United States government, compromised of the Supreme Court and all lesser courts, is responsible for upholding and interpreting the mandates of the U.S. Constitution. Officials of the Judicial Branch determine whether or not laws and their application in specific circumstances follow the Constitution.

    Full Answer >
    Filed Under:
  • Q:

    At what level is using a grand jury a guaranteed right?

    A:

    The Fifth Amendment requires that a grand jury bring charges against a person who is charged with a felony in federal court and in some state courts, explains the University of Dayton School of Law. The federal court system has regular and special grand juries.

    Full Answer >
    Filed Under:

Explore