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Line 1: − 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).+ Line 5:
Line 5: − + − + − − ''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] − − − +
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'''Judicial Review''' is the power to declare a law [[unconstitutional]]. This power is wielded by the [[Supreme Court]]. It makes the [[judicial branch]] a very powerful branch of the American government, because it involves overturning a legislative decision of Congress, and there is no way to override a Supreme Court decision except through a [[Constitutional Amendment]].
Judicial review is never specifically mentioned in the Constitution, but instead is perhaps implied in Article III:
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."
"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.
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.<ref>U.S. Government and Politics</ref><ref>[http://supreme.lp.findlaw.com/constitution/article03/13.html]</ref>
<ref>[http://www.yale.edu/lawweb/avalon/federal/fed78.htm]</ref>
== Resources ==
== Resources ==
<references/>
[[Category:US Government]]
[[Category:United States Government]]