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The power of judicial review was never formally delegated either by the Constitution or an Act of Congress, but arose from British common law practices the US Courts adopted as a matter of course. Chief Justice John Marshall formally claimed the right of judicial review in his opinion for the Marbury v. Madison, (1803) case.

Case Citation

Marbury v. Madison, 5 US 137 (1803)

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14y ago

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Related Questions

What is seen of the heart of the supreme courts power?

judicial review


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

Judicial Review


Where is the power of judicial review held?

By most federal and State courts


How did the courts get the power of judicial review?

through the Maybury vs. Madison decision


How did the courts get power of the judicial review?

through the Maybury vs. Madison decision


How did the courts get the power of the judicial review?

through the Maybury vs. Madison decision


What power did marbury vs Madison give to the courts?

The power to declare a law unconstitutional (Judicial Review).


What is constitutional review?

"Constitution review" most likely refers to the courts' power of judicial review. For more information about judicial review, see Related Questions, below.


What is the power of courts to determine the constitionality of a law or other government action?

Judicial Review


What is the power of the courts to determine the constitutionality of the law or other governmental action?

Judicial Review


What is the name of the power of the the courts to determine if a law is constitutional?

I think you mean Judicial Review.


What power of the courts is reactive?

The power of judicial review is reactive, as it allows courts to review and invalidate laws or actions that are deemed unconstitutional only after they have been enacted or taken place. This power enables courts to respond to specific cases brought before them rather than proactively shaping future laws or policies.