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Article III of the Constitution doesn't say anything about judicial review; in fact, it doesn't mention anything procedural other than which types of cases are under the federal courts' jurisdiction, and which cases the Supreme Court hears under original or appellate jurisdiction.

Judicial review is a carryover from English common law, and was practiced in the United States before John Marshall formally claimed it is the right and responsibility of the Judicial Branch in Marbury v. Madison, (1803). In his written opinion, Marshall cited an example of a lower court overturning a law because it was unconstitutional, and noted Congress had accepted the decision without rebuke and had rewritten the law to bring it into compliance.

For more information, see Related Questions, below.

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13y ago
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12y ago

The Supreme Court of the United States (SCOTUS) along with the other federal courts make up the judicial branch of the federal govewrnment of the United States.

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14y ago

section 1. judicial power; courts; terms of office

section 2. jurisdiction

section 3. treason

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Q: What does Article III of the US Constitution say about judicial review?
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