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The Marshall Court
Although judicial review is a carryover from British common law and in use well before the United States had a Supreme Court (and thereafter, before the Marbury v. Madison case), the Marshall Court is generally credited with establishing the legitimacy of its use in the new federal government. Fourth Chief Justice John Marshall claimed the right of judicial review for the Judicial Branch of government in his opinion for Marbury v. Madison, (1803).
Case Citation:
Marbury v. Madison, 5 US 137 (1803)
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BeauThe Marshall Court (US Supreme Court under Chief Justice Marshall) is typically credited with establishing the power of judicial review in Marbury v. Madison, (1803).
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Is judicial review an explicit or an implied power?
Judicial review is an implied power of the Judicial Branch in the US government, but an established practice in common law.
What is judicial review and how did the Supreme Court acquire this power?
The power was established in Marbury v Madison. It is important as it allows the Judicial system to check the power of Congress. They review a law to determine if it is unconsititutional.
What is one power of the judicial branch?
judicial review
What term means that the courts have the power to declare a law unconstitutional?
The power of the supreme court to declare a law "unconstitutional" is called Judicial Review. No part of the constitution actually grants this power explicitly to the Supreme Court, but the case of Marbury vs. Madison established this power and has been the accepted precedent for granting the Supreme Court the power of Judicial Review ever since.
What did the court case marbury v. Madison establish?
The judicial power to decide whether a law is constitutional.
