The Judiciary - Unit 15 The Judiciary Unit 15 The Judiciary...

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Unit 15: The Judiciary Unit 15 The Judiciary Overview The Framers of the Constitution wanted a strong and independent judicial branch of government, which did not exist under the Articles of Confederation. It is not clear, however, that they wanted the federal courts to have the power of judicial review (i.e., the power to declare acts of Congress or the President unconstitutional). Like much of the Constitution, the powers of the Supreme Court were left ambiguous. The issue of judicial review was decided by the Supreme Court in one of the most famous cases in its history, Marbury v. Madison (1803). The Court ruled that it did indeed have this power. The Courts assertion of the power of judicial review was not immediately accepted by all, including presidents of the United States. However, the principle of judicial review gradually became established and can be considered part of our constitutional system, and an essential
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