May 17, 2012 Government
The power of judicial review was never formally delegated either by the Constitution or an Act of Congress, but arose from British common law practices the US Courts adopted as a matter of course. Chief Justice John Marshall formally claimed the right of judicial review in his opinion for the Marbury v. Madison, (1803) case. Even though when the legislative, executive, and judicial branched was set up they wanted to give each branch equal power, judicial still seems to have a little bit more than the others. Even though ...