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Where in the Constitution is the Supreme Court given the power of Judical Review? How and why can they decide what is constitutional?
The court gave itself the power and no ine has stopped them yet.
6 Answers
- Spock (rhp)Lv 73 years ago
and, unless Congress and the states change the Constitution, no one will remove that power from SCOTUS.
let me ask you this -- if not SCOTUS, which body would wield that power? the President alone? Remember both Obama and Trump before you agree ...
- Anonymous3 years ago
While the U.S. Constitution does not explicitly define a power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.
See
The best-known power of the Supreme Court is judicial review, or the ability of the Court to declare a Legislative or Executive act in violation of the Constitution, is not found within the text of the Constitution itself. The Court established this doctrine in the case of Marbury v. Madison (1803).
In this case, the Court had to decide whether an Act of Congress or the Constitution was the supreme law of the land. The Judiciary Act of 1789 gave the Supreme Court original jurisdiction to issue writs of mandamus (legal orders compelling government officials to act in accordance with the law). A suit was brought under this Act, but the Supreme Court noted that the Constitution did not permit the Court to have original jurisdiction in this matter. Since Article VI of the Constitution establishes the Constitution as the Supreme Law of the Land, the Court held that an Act of Congress that is contrary to the Constitution could not stand. In subsequent cases, the Court also established its authority to strike down state laws found to be in violation of the Constitution.
Before the passage of the Fourteenth Amendment (1869), the provisions of the Bill of Rights were only applicable to the federal government. After the Amendment's passage, the Supreme Court began ruling that most of its provisions were applicable to the states as well. Therefore, the Court has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
- 3 years ago
Stop whining, go back in time to Berkley 1964, smoke some pot and leave the hard stuff to us grown ups
- Anonymous3 years ago
Warnings of Jefferson and Lincoln
The Court first exercised the power of judicial review in the 1803 case of Marbury vs. Madison. The decision caused an uproar, leading Thomas Jefferson to express his deep reservations about the principle. He wrote: "To consider judges as the ultimate arbiters of all constitutional questions is a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. Our judges are as honest as other men, and not more so. They have, with others, the same passions for party, for power, and for privilege. But their power [is] the more dangerous, as they are in office for life, and not responsible to elective control." Jefferson cautioned that judicial review would make the Constitution nothing but "a mere thing of wax in the hands of the Judiciary, which they may twist and shape into any form they please."
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- Anonymous3 years ago
Read up on the three branches of government.
- Anonymous3 years ago
It doesn't say it anywhere. The court gave itself the power and congress said....uh.....ok?!?!?!