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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.

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14y ago

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