Bradshaw Bryant PLLC

In 1803 The Supreme Court Established Judicial Review Of Federal Legislation In Marbury V Madison Holding However That Congress Could Not Grant Unconstitutional Power To The Court Itself The Constitution Does Not Explicitly State That The Courts May Exercise Judicial Review; However The Notion That Courts Could Declare Laws Unconstitutional Was Envisioned By The Founding Fathers Alexander Hamilton For Example Mentioned And Expounded Upon The Doctrine In Federalist No 78 Originalists On The Supreme Court Have Argued That If The Constitution Does Not Say Something Explicitly It Is Unconstitutional To Infer What It Should Might Or Could Have Said. Judicial Review Means That The Supreme Court Can Nullify A Congressional Law It Is A Huge Check By The Courts On The Legislative Authority And Limits Congressional Power Substantially In 1857 For Example The Supreme Court Struck Down Provisions Of A Congressional Act Of 1820 In Its Dred Scott Decision. At The Same Time The Supreme Court Can Extend Congressional Power Through Its Constitutional Interpretations