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Judicial review is a power never explicitly mentioned in the U.S Constitution.

However, after the landmark case of Marbury V. Madison (1803), Chief Justice John Marshall set the precedent of judicial review, giving the supreme court the power to rule on the constitutionality of a federal law (specifically, the case involved the Judiciary Act of 1789 and the Judiciary Act of 1801). The court, after interpreting Article III Section 1 and Section 2 of the Constitution, believed that the power was implied in the Constitution, and since then, the ruling has not been challenged. Also, the Supreme Court did not rule any state law unconstitutional until Fletcher V. Peck (1810).

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Q: Why is judicial review considered an informal amendment?
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Related questions

Is the fourth amendment and example of judicial review?

The fourth amendment to the US Constitution deals with the rights of citizens to have due process and requires warrants for searches. Judicial review is not really relevant to this amendment.


Which word would not be considered a synonym for judicial review?

consolidate


What is Informal change to the Constitution?

The Supreme Court's use of judicial review results in changing applications of the Constitution that is sometimes referred to as the "informal amendment process." The term is misleading, however, because the only real way to change the Constitution is the formal procedure involving Congress and the States, as described in Article V. "Informal amendment" isn't amendment at all, it just represents changes to our understanding of the Constitution as expressed through case law in the American common law system.


When the supreme court declares a law as unconstitutional we have an example of what?

judicial review


One expert has said that this is like a boxers big knockout punch?

I do not know who said that but if you are wondering what it refers to, that would be a judicial review.


Would you please give me a example of informal amendment?

The Supreme Court Case Marbury v. Madison is an Informal Amendment. For example, It made it so the Judaical Branch of the Government gained the Power of Review. This is informal because the actual Constitution did not change only the way we perceived Article III section 2 and the Judiciary Act of 1789.


What is the power of the courts to declare laws invalid if they violate the Constitution?

Judicial Review


What power can declare unconstitutional acts of government?

That power is the power of judicial review.


The power of the courts to decide the constitutionality of an act of government is called?

Judicial review... which was given binding authority by Maybury v Madison in 1803


What is one power of the judicial branch?

judicial review


What is judicial approach?

A judicial view is considered to be a review performed by the United States Supreme Court. Its main purpose is to determine the constitutional validity of a certain legislative act.


The Supreme Court evaluation of the constitutionality of laws passed by Congress or state legislatures is known as?

A judicial review allows the Supreme Court to annul any acts of the state that is deemed to be unconstitutional. This decision was made during the Marbury v. Madison case which stated that they have the right to review the acts of Congress to determine its constitutionality.