What were the three principles of judicial review established by the Marbury v. Madison decision?
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Just to be clear, the power of judicial review is the power of the Supreme Court to declare laws passed by Congress or the states to be unconstitutional.
I would suggest that you consult your text or your class notes for what your teacher thinks are the three principles of judicial review in this case because it's not as if the Court said "here are the three principles..."
That said, here are what I see as the three ideas that the Court uses to justify taking the power for themselves (remember that this power is not given to them by the Constitution):
- The people established the Constitution to limit what government can do
- The Constitution is superior to other laws and so laws that go against the Constitution are invalid
- It is the job of the judicial branch to decide what the law is
So therefore, the judicial branch gets to exercise the power of judicial review because the Constitution is the supreme law of the land and it is the job of that branch to decide what the law says.
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