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The Federal courts use judicial review to declare laws passed by Congress to be invalid if they are contrary to the Constitution. While judges and justices may only review laws that are relevant to a case or controversy before the court, it is not uncommon for parties to challenge bad laws with "test cases" (where plaintiffs allegedly harmed by a particular law are solicited and usually sponsored by an organization wanting to overturn the law). These usually take years to work their way through the legal system, however.

Chief Justice John Marshall clearly affirmed the power of judicial review in the case Marbury v. Madison, (1803), when the Court declared Section 13 of the Judicial Act of 1789 unconstitutional.

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