In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.[1]
Two landmark decisions by the U.S. Supreme Court served to confirm the inferred constitutional authority for judicial review in the United States. In 1796, Hylton v. United States was the first case decided by the Supreme Court involving a direct challenge to the constitutionality of an act of Congress, the Carriage Act of 1794 which imposed a "carriage tax".[2] The Court performed judicial review of the plaintiff's claim that the carriage tax was unconstitutional. After review, the Supreme Court decided the Carriage Act was constitutional. In 1803, Marbury v. Madison[3] was the first Supreme Court case where the Court asserted its authority to strike down a law as unconstitutional. At the end of his opinion in this decision,[4] Chief Justice John Marshall maintained that the Supreme Court's responsibility to overturn unconstitutional legislation was a necessary consequence of their sworn oath of office to uphold the Constitution as instructed in Article Six of the Constitution.
As of 2014[update], the United States Supreme Court has held 176 Acts of the U.S. Congress unconstitutional.[5] In the period 1960–2019, the Supreme Court has held 483 laws unconstitutional in whole or in part.[6]
^"The Establishment of Judicial Review".
Findlaw.
^Congress, United States (1845). "Public Acts of the Third Congress, 1st Session, Chapter 45". United States Statutes at Large, Volume 1. Little & Brown – via Wikisource.
^Marbury v. Madison, 5 US (1 Cranch) 137 (1803).
^"Marbury v. Madison – John Marshall – 1803 – AMDOCS: Documents for the Study of American History".
^See Congressional Research Services' The Constitution of the United States, Analysis And Interpretation, 2013 Supplement, pp. 49–50.
^"Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court". U.S. Congress. Archived from the original on February 20, 2021. Retrieved February 22, 2021.
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