• an unanswered constitutional question about the judicial branch involves

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  • the scope of judicial power. Specifically, can the judiciary make rulings on the scope of laws passed by the legislature and executive? The answer is yes, under the principle of judicial review, established by Marbury v. Madison (1803). Judicial review is a process by which courts can decide whether or not laws enacted by the legislature and executive conform to the Constitution. The Supreme Court has the ultimate power to declare any law or executive action unconstitutional.

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      Yael Pearson

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