Explain the concept of judicial review. How did the Supreme Court get the power of judicial review? Did the US Constitution specifically designate the power of judicial review to the Supreme Court? How can one request the Supreme Court accept and review a legal case? How does the Supreme Court decide which cases to accept for review? What does it mean to "have standing" in a legal case? What happens if the Supreme Court’s decision results in a tie? Which national issue/debate do you think the US Supreme Court needs to review in the near future?

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Judicial review is one of the most important powers wielded by the Supreme Court of the United States. The power of judicial review was not in the Constitution. Also, it was not formulated until the third president, Thomas Jefferson, was in office. Americans often like to think of the Founding Fathers, the creators of the Constitution, as a group of infallible and omniscient men. But they were mere mortals who could not envisage every contingency. Many governmental precepts developed over time, and judicial review is one of them.

Judicial review means the Supreme Court can declare any law unconstitutional. Its use solidifies the judiciary's role as an equal branch of the government—along with the legislative and executive branches. It was established by the Marbury v. Madison Supreme Court case of 1803.

The examples set by outstanding men helped shape the national government. The presidency was molded by George Washington; the Supreme Court was shaped by John Marshall—the fourth Chief...

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Last Updated by eNotes Editorial on January 30, 2020