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.
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They acquired this power after the case of Marbury vs. Madison in 1803. Judicial review is the power of the supreme court to decide whether a law is unconstitutional.
the supreme court
Judicial Review
The US Supreme Court set a standard on the power of judicial review. This meant, that the Court could review governmental actions without a lawsuit to be settled. The Court, on its own volition had the right to review issues that pertained to the US Constitution. In effect, the Court already had the ability or practice of " judicial review". It did not "gain it", it simply used the power the US Constitution gave to the Court.
From the case of Marbury v. Madison
A Judicial Review.