Judicial Review

In Article III of the Constitution the jurisdiction of the Judicial Branch of government is spelled out. The authority of the Supreme Court to determine what is and what is not Constitution was not a power delegated to the court.

The principle of Judicial Review is what is known as an implied power. The Supreme Court is not the final arbiter of the Constitution. The representatives of the people wrote the Constitution and are the final arbiter,

This power Judicial review. The concept of judicial review is a product of the 1803 Supreme Court case Marbury v. Madison, in which the court established its own role as the arbiter of the constitutionality of legislation. “Chief Justice John Marshall basically created a court to his liking,” says George Washington University legal scholar Jonathan Turley, noting that the Framers did not necessarily intend for the court to have such authority.

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  • The primary job of the supreme court was to settle disputes, not to determine which laws are  Constitutional and which ones are not.

    Supreme Court Justices are not appointed for life, they are to serve during periods of good behavior,

    Congress has the power to limit the jurisdiction on what topics the Court has the authority to consider. Congress has the authority to prohibit the court from making any rulings regarding abortion, gay marriage, public education and drugs,

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