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09/29/2010
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The U.S. supreme court: powers and limits

  1. The Supreme Court as Originally Created by the Founding Fathers
  2. Marbury v Madison or the Birth of Judicial Review
  3. Limitation on the Supreme Court's power of judicial review

Article III of the United States Constitution was the first to provide for a federal judiciary, namely the Supreme Court. The power of this Court was detailed and enshrined in the Constitution by the Founding Fathers. However, its authority has since been widely extended by the power of judicial review, acquired a few decades later. How and to what extent has the Supreme Court expanded its powers? What are its limits? After considering the powers conferred to the Supreme Court by the Founding Fathers, this essay will examine the way in which the Court acquired the power of judicial review, and will conclude by discussing the limitation of this power. Through its acquired power of judicial review, the Supreme Court has evolved beyond the original scope of the Constitution. However, this power is limited by self-imposed restrictions, and a system of checks and balances that guarantees the Congress and the Executive a continued momentous role to play in the shaping of the nation.

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