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New page: The power of the Supreme Court to declare a law unconstitutional. This power is what makes the judicial branch perhaps the most powerful branch of the American government, as i...
The power of the [[Supreme Court]] to declare a law [[unconstitutional]]. This power is what makes the [[judicial branch]] perhaps the most powerful branch of the American government, as it involves overturning a legislative decision of Congress, and there is no way to override a Supreme Court decision unless a [[Constitutional Amendment]] is made (this is a very long and difficult process).
Judicial review is never specifically mentioned in the Constitution, but instead is perhaps implied in Article III:
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority."
Judicial review ''is'', however, mentioned by [[Alexander Hamilton]] in ''[[The Federalist Papers]]'', and was established in the landmark case ''[[Marbury v. Madison]]'' in 1803 by the ruling of Chief Justice [[John Marshall]]. It is now a well established power of the Supreme Court, despite its how debatable its Constitutionality may be.
== Resources ==
''US Government and Politics'' by Paul Soifer
[http://supreme.lp.findlaw.com/constitution/article03/13.html]
[http://www.yale.edu/lawweb/avalon/federal/fed78.htm]
[[Category:US Government]]
Judicial review is never specifically mentioned in the Constitution, but instead is perhaps implied in Article III:
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority."
Judicial review ''is'', however, mentioned by [[Alexander Hamilton]] in ''[[The Federalist Papers]]'', and was established in the landmark case ''[[Marbury v. Madison]]'' in 1803 by the ruling of Chief Justice [[John Marshall]]. It is now a well established power of the Supreme Court, despite its how debatable its Constitutionality may be.
== Resources ==
''US Government and Politics'' by Paul Soifer
[http://supreme.lp.findlaw.com/constitution/article03/13.html]
[http://www.yale.edu/lawweb/avalon/federal/fed78.htm]
[[Category:US Government]]