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Question:

[Solution]Constitution Law Shaul

by | Jul 19, 2022 | Recent Orders

If the origins of judicial review are not found in the Constitution, what grants the Court this power? 

Although judicial review is not found in the Constitution, specifically Article 3 that describes the powers and duties of the judicial branch, it is a power based on the decision in Marbury v. Madison, 1803. In 1803 judicial review was established when the Supreme Court, for the first time, deemed that an act of Congress was unconstitutional.1

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