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Posted: April 26th, 2023
The power of judicial review (the federal courts’
The power of judicial review (the federal courts’ ability to declare legislation unconstitutional) is not mentioned in the Constitution. Is it correct that judges who are appointed, not elected, can strike down laws passed by Congress and signed by a president?
Yes, that is correct. The power of judicial review, which allows federal courts to declare laws passed by Congress and signed by the President unconstitutional, is not explicitly stated in the United States Constitution. However, the power was established by the Supreme Court in the landmark case Marbury v. Madison in 1803. In that case, Chief Justice John Marshall declared that it is the duty of the courts to interpret the Constitution and that any law contrary to the Constitution is null and void.
It’s also worth noting that federal judges, including Supreme Court justices, are appointed by the President and confirmed by the Senate, rather than being elected directly by the people. This is meant to insulate them from the political pressures that might influence elected officials and allow them to make impartial and objective decisions based solely on the law and the Constitution.
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