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History

Judicial Review and the Power of Constitutional Interpretation

Quick fact

The U.S. Supreme Court did not explicitly declare any federal law unconstitutional until Marbury v. Madison (1803), more than a decade after the Constitution was adopted.

Why this is interesting

In a democracy, what happens if the government passes a law that violates the Constitution? Who decides that it's unconstitutional? The surprising answer: not the elected leaders, but unelected judges.