Judicial review refers to the power of federal courts to declare a statute or governmental action unconstitutional and void. This is one of the most important of all constitutional powers, yet it appears nowhere in the Constitution. The Supreme Court simply declared that it had this power, in Marbury v. Madison, in 1803. It has been controversial ever since. Why is judicial review so controversial? What are the arguments in favor of judicial review? Be sure to explain your answers.

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Judicial review is controversial due to its implications for the balance of power interpretation of the Constitution and the potential for unelected j... View the full answer