Judicial Review
In the controversial decision of Marbury v. Madison (1803), the Supreme Court assumed the power of judicial review. They could now review Congressional Acts and declare them null and void or "unconstitutional" if they conflicted with the Constitution. For a more detailed description of this power and its emergence, check the description of the case I mentioned above, Marbury v. Madison (1803).
Copyright © 1997 Jonathan Chin & Alan Stern