Judicial review under usa constitution critical analysis
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Some have argued that judicial review is unconstitutional based on two arguments. First, the power of judicial review is not expressly delegated to the courts in the Constitution. The Tenth Amendment reserves to the states (or to the people) those powers not delegated to the federal government.
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The power of judicial review was first introduced in the supreme court in the case of Marbury v. Madison (1803) in which the powers of the supreme court was established by limiting the power of the congressional by declaring the legislation unconstitutional.
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