What case established judicial review?
The United States Supreme Court has the power of judicial review to determine whether a law passed by Congress is constitutional. Although this is not explicitly stated in the constitution, it was established early on in a landmark Supreme Court case.
Answer and Explanation:
Marbury v. Madison was a case heard by the United States Supreme Court in 1803 that established the concept of judicial review. Chief Justice John Marshall wrote the landmark, unanimous decision.
Judicial review is an important check on the legislative branch, which makes the laws. Judicial review was discussed at the Constitutional Convention and in the Federalist Papers, but this power wasn't explicitly included in the Constitution. In 1796, the U.S. Supreme Court ruled in a case called Hylton v. United States and determined that a tax law was constitutional. In this case, this was the first time a court used its power of judicial review.
Marbury v. Madison clarified the role of the courts more clearly. The court became involved after a lawsuit had been filed challenging the law. The Supreme Court ruled, in this case, that the law was unconstitutional and could no longer be enforced under its jurisdiction.
Learn more about this topic:
from CLEP Introductory Business Law: Study Guide & Test PrepChapter 2 / Lesson 4
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