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Although judicial review is not explicitly granted in the Constitution, it is a fundamental aspect of the judiciary's role, established by Marbury v. Madison (1803). This power allows the courts to assess the constitutionality of laws, serving as a critical check on Congress and the executive branch, thus reinforcing the system of checks and balances envisioned by the framers. Chief Justice Marshall emphasized that it is the judiciary's duty to interpret the law and uphold the Constitution. Therefore, the expansive power of judicial review is justified, as it safeguards constitutional principles and maintains government accountability.

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The question of whether it is problematic for courts to possess extensive power, particularly through judicial review, is a significant theme in understanding the balance of power within the United States government. Judicial review, the authority of courts to declare laws unconstitutional, was established in 1803 through the landmark Supreme Court case Marbury v. Madison. Although the Constitution does not explicitly mention judicial review, the ruling implied the judiciary's role in upholding the Constitution's supremacy. This power is vital for maintaining the integrity of constitutional governance, serving as a check on legislative and executive actions.

Historically, the framers of the Constitution intended for a system of checks and balances to prevent any one branch from becoming too powerful. Chief Justice John Marshall's opinion in Marbury reinforced this, asserting that it is the duty of the judiciary to interpret law and determine its constitutionality. He famously stated, “It is emphatically the province and duty of the Judicial Department to say what the law is,” highlighting the judiciary’s critical role in maintaining constitutional fidelity. The power of judicial review enables courts to invalidate laws that conflict with the Constitution, thus ensuring that all branches adhere to constitutional limits.

Some critics argue that judicial review grants courts too much power, effectively allowing unelected judges to overrule the will of the elected branches. However, supporters contend that this power is necessary to prevent unconstitutional laws from infringing on individual rights and undermining democratic principles. Judicial review acts as a vital safeguard against government overreach, helping preserve the rule of law. Historically, courts have used this power selectively and judiciously, reinforcing constitutional principles rather than undermining them.

Furthermore, the legitimacy of judicial review relies on the doctrine of constitutional supremacy. The Constitution is the foundational legal document, and courts serve as the ultimate arbiters of its meaning. This authority ensures that laws remain consistent with constitutional principles over time, even as societal values evolve. Judicial review's expansive reach therefore functions not as an overreach but as an essential mechanism for upholding the rule of law and protecting individual rights.

In conclusion, while judicial review bestows significant power on courts, it is a necessary component of constitutional governance. The framers intended for a system where the judiciary could serve as a check on legislative and executive actions. Balancing this power requires vigilant judicial restraint to prevent overreach, but its existence is critical for safeguarding constitutional principles, individual rights, and the nation’s democratic integrity.

References

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• McCloskey, R., G., & Choudhry, R. (2015). Judicial Review and the Legitimacy of Democracy. University of Chicago Press.
• O’Brien, D. M. (2020). Judicial Review: A Comparative Analysis. Oxford University Press.
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