The History of Judicial Review

BIBLIOGRAPHY INCLUDED AT THE END OF TEXT.
In 1803 the question of whether or not un-elected judges should have the power to overturn or limit the enforcements of any law that may conflict with the Federal Constitution arose in the case of Marbury v. Madison. This practice is referred to as judicial review and also applies to state laws that will possibly dispute with Federal laws or their own state constitution. The power of the courts to determine the constitutionality of a law is a necessity in the United States form of government. A debate has continuously raged throughout the Unite…