Judicial Review USA

The power of judicial review is the central power of the Court, allowing it to overturn any other institution because the Court declares its actions to be unconstitutional. This power was acquired by the Court Marbury v Madison 1803 when it first overturned an Act of Congress. This power was further defined in Fletcher v Peck 1810 in which the Court overturned state law for the first time. Some argue that this power is apparent in the Constitution, as the Supreme Court is charged with upholding matters arising under the Constitution. However, others argue that the power of judicial review is not a legitimate power, as it is not awarded to the Supreme Court by the Constitution.


Marbury v Madison Explained