Where is judicial review discussed in the constitution

The text of the Constitution does not contain a specific provision for the power of judicial review. Judicial review of the government was established in the landmark decision of Marbury v. The concept of judicial review was created during the founding of the United States and specifically included in the constitutional governments of some of the 13 original American states, such as Massachusetts, New Hampshire, and New York.

Judicial review is not mentioned in the U. Article III says that the federal judiciary has power to make judgments in all cases pertaining to the Constitution, statutes, and treaties of the United States. Article VI implies that the judicial power of the federal courts of law must be used to protect and defend the supreme authority of the Constitution against acts in government that violate or contradict it.

Furthermore, Article VI states that all officials of the federal and state governments, including all judicial Officers, both of the United States and of the several States; shall be bound by Oath or Affirmation to support this Constitution.

A constitution is. Congress first exercised this power in the Judiciary Act of This Act created a Supreme Court with six justices. It also established the lower federal court system. Over the years, various Acts of Congress have altered the number of seats on the Supreme Court, from a low of five to a high of Shortly after the Civil War, the number of seats on the Court was fixed at nine.

Like all federal judges, justices are appointed by the President and are confirmed by the Senate. They, typically, hold office for life. The salaries of the justices cannot be decreased during their term of office.

These restrictions are meant to protect the independence of the judiciary from the political branches of government. The Court has original jurisdiction a case is tried before the Court over certain cases, e.

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