This was the first time that the Supreme Court had deemed a law unconstitutional, and in fact this power of the Court had not even really been established until it was used in this case. Its establishment, however, was to have profound effects on the judicial branch's power over the legislative and executive branches, especially in making sure that the restrictions of the Constitution were maintained despite -- and in fact precisely in reaction to -- attempts to legally surmount them through legislative acts or executive orders, as Marshall's words make clear (SCHS 2010).
Current Use of Judicial Review in Policy Making
The Supreme Court cannot exercise its power of judicial review until a case is brought to the Court, either through a direct filing (which is rare) or through appeals from lower federal or state courts. Any law or executive action could, however, come under the purview of the Supreme Court, at least theoretically, and be struck down as unconstitutional. This position as the final arbiter and interpreter of the highest body of law in the land has led some to claim that the federal government is actually poorly balanced, with the judicial branch -- specifically the Supreme Court -- holding far more power over the executive and legislative branches of the federal government than these branches do over the Court (Saikowski...
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