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  • Yes, Implied Powers

    Although the words Judicial Review do not appear in the Constitution, the power to do so is still granted. Article III grants the Supreme Court appellate jurisdiction over any case, including legislation, and it's power shall be determined in part by Congress. Article IV states that the Constitution is " the supreme Law of the Land" and every judge and official must support it. This means that the Supreme Court has the duty to apply the appropriate laws to a case, and because the Constitution is the 'supreme law,' the Supreme Court has the Constitutional authority to enact Judicial Review.

  • No. Judicial review is not delegated to the federal government in the Constitution.

    According to the tenth amendment to the Constitution, The only powers that the federal government (and thus, The Supreme Court) have are the ones that are specifically written into the Constitution. Since judicial review is not enumerated in the Constitution, The federal government should not have the power. Further, The last clause of the tenth amendment states that any powers not given to the federal government are reserved to the states. According to the reserve powers clause, Shouldn't judicial review actually be up to the states?

  • No, The Power is Not Given

    All sections of government get their prescribed powers from the constitution and the power of judicial review is never even hinted at in the constitution. The power was made up by John Marshall in the Mrabury v Madison case it and has been blindly accepted as the truth since then


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