Is judicial review explicitly stated in the Constitution?
Sort of; judicial review is not explicit in the text of the Constitution. However, judicial review is a concept that originates in English common law, with which the Founding Fathers were more than familiar, so it is reasonable to conclude that they expected the Supreme Court to practice the doctrine of judicial review to some extent, even without stating this explicitly. Moreover, five of the 13 original states included explicit provisions in their state constitutions for judicial review before 1785, so the concept was well established in American law even before the current Constitution was ratified.
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- Is judicial review explicitly stated in the Constitution?