Q:

Where did judicial review come from?

A:

Quick Answer

Judicial review comes from Article VI, Clause 2 of the U.S. Constitution, which states that state courts must uphold the Constitution as the supreme law of the land. This authority was also extended to the U.S. Supreme Court in 1803 in the case of Marbury v. Madison.

Continue Reading
Where did judicial review come from?
Credit: Paul Bradbury Caiaimage Getty Images

Full Answer

Marbury v. Madison was the first case in U.S. history that struck down a law from Congress, and it was the first time in world history that a court was bestowed with such power. Chief Justice John Marshall stated that it was the Supreme Court's obligation to review a law to see if it coincided with the Constitution, and he argued that it was the court's duty to define the law. This proclamation also allows the Supreme Court to invalidate laws that have been upheld by higher state courts.

Learn more about Law

Related Questions

  • Q:

    Who signs bills into law?

    A:

    As directed by the U.S. Constitution, the president of the United States generally signs federal legislation into law. His signature is not required when Congress overrides a presidential veto or when he declines to act on legislation, in which case a bill automatically becomes law, explains Cornell University Law School.

    Full Answer >
    Filed Under:
  • Q:

    What is the lemon test?

    A:

    The Lemon Test is a three-step process to check if a law violates the First Amendment of the U.S. Constitution, according to the National Paralegal College. Its questions ask if a law has a secular purpose, is designed to enhance or inhibit religion or excessively mixes government and religion.

    Full Answer >
    Filed Under:
  • Q:

    How do you find consumer reviews of a law firm?

    A:

    The best way to find consumer reviews for a law firm is through online review or independent legal referral websites. Some of these websites provide important information including attorney names, fees and reputation ratings, according to Consumer Reports.

    Full Answer >
    Filed Under:
  • Q:

    How many members of Congress does it take to expel a member?

    A:

    Congress requires a two-thirds vote to remove a member of Congress, as stated in Article 1, Section 5, Clause 2 of the U.S. Constitution. Congress members also have the right to investigate the actions of members when they may be questionable.

    Full Answer >
    Filed Under:

Explore