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The text of the Constitution does not contain a specific reference to the power of judicial review. Rather, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI. [18] The provisions relating to the federal judicial power in Article III state:
Florida used the rational basis test standard of review even though the law was content neutral because a jailhouse is a non-public forum. Ward v. Rock Against Racism , 491 U.S. 781 (1989) held that a city's restriction on loud music volume controlled by equipment and technicians is constitutional because it is narrowly tailored.
Marbury v. Madison and Judicial Review. University Press of Kansas. ISBN 978-0-7006-0517-0. (Claims that it is a mistake to read the case as claiming a judicial power to tell the President or Congress what they can or cannot do under the Constitution.) Irons, Peter H. (1999). A People's History of the Supreme Court. Penguin Books. pp. 104–107.
Courts check both the executive branch and the legislative branch through judicial review. This concept is not written into the Constitution, but was envisioned by many of the Constitution's Framers (for example, The Federalist Papers mention it). The Supreme Court established a precedent for judicial review in Marbury v. Madison. There were ...
The power of judicial review could not have been preserved long in a democracy unless it had been "wielded with a reasonable measure of judicial restraint, and with some attention, as Mr. Dooley said, to the election returns." Indeed, the Supreme Court has developed a system of doctrine and practice that self-limit its power of judicial review ...
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within ...
The counter-majoritarian difficulty (sometimes counter-majoritarian dilemma) is a perceived problem with judicial review of legislative (or popularly-created) laws. As the term suggests, some oppose or see a problem with the judicial branch's ability to invalidate, overrule, or countermand laws that reflect the will of the majority.