Hi there!
According to Exploring Constitutional Conflicts, the Constitution does
not explicitly provide for Judicial Review:
"The Constitution does not expressly provide for judicial review.
What should be made of this fact? Does it suggest that the framers
did not intend to give the courts such a power? Not necessarily,
although that is one explanation for its absence. It is also possible
that the framers thought the power of judicial review was sufficiently
clear from the structure of government that it need not be expressly
stated. A third possibility is that the framers didn't think that the
issue would ever come up, because Congress would never pass
legislation outside of its enumerated powers."
Original Intent & Judicial Review
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/judicialrev.htm
The portion of the Constitution held to refer to the concept of
Judicial Review is Article III, Section 2, which states:
"The judicial Power shall extend to all Cases, in Law and Equity,
arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority;
--to all Cases affecting Ambassadors, other public Ministers and
Consuls;
--to all Cases of admiralty and maritime Jurisdiction;
--to Controversies to which the United States shall be a Party;
--to Controversies between two or more States;
--between a State and Citizens of another State;
--between Citizens of different States;
--between Citizens of the same State claiming Lands under Grants of
different States, and between a State, or the Citizens thereof, and
foreign States, Citizens or Subjects.
In all Cases affecting Ambassadors, other public Ministers and
Consuls, and those in which a State shall be Party, the supreme Court
shall have original Jurisdiction. In all the other Cases before
mentioned, the Supreme Court shall have appellate Jurisdiction, both
as to Law and Fact, with such Exceptions, and under such
Regulations as the Congress shall make."
US Constitution, Article III, Section 2
http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/marburytexts.html#Article%20III%20of%20Constitution,%20Section.
James Madison was the Secretary of State under Thomas Jefferson, who
had been ordered to withold the commissions of 17 newly appointed
Justices of the Peace.
William Marbury was one who's commission had been withheld. He sued
for a "writ of mandamus", demanding his commission.
Complete information about this landmark case can be found here:
Marbury vs. Madison
http://www.jmu.edu/madison/marbury/index.htm
Hope this helps!
--Missy
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