Power of Judicial Review
... Oftentimes, the Court has recognized that it is not the only branch of government that has an idea of constitutional interpretation and that the other two have power as well. ... To see how this system came to be, we must first examine a brief history of judicial review. “Where does the Court derive its power? ... The power of the judiciary is mainly taken from the Constitution, ideas from the Federalist Papers, and the opinion from Marbury v. ... The Constitution, however, does not assert a power of judicial review. ... Where the Court starts to gain its real power comes with Alexander Hamilton’s writings in the Federalist Papers. In Federalist 78, Hamilton argues in favor of judicial review by stating: There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. ... It is from these words, that Justice Marshall believes that he can fully assert the power of judicial review. In his opinion, Justice Marshall states that it is “emphatically the province and duty of the judicial department to say what the law is. ... It did this by upholding Congressional commerce power, as well as its power to create a national bank. ... Now that we have examined how the idea of judicial review came about, we must look at various Justices’ opinions on the finality of their rulings.