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Who gave SCOTUS the power of judicial review? SCOTUS did. Not the Constitution. In fact, the Constitution grants Congress wide ranging power over the court.
by rootusrootus 3y ago
Who gave SCOTUS the power of judicial review? SCOTUS did. Not the Constitution. In fact, the Constitution grants Congress wide ranging power over the court. The idea that the three branches are co-equal is a popular myth. Congress definitely has more power than either the executive or the judicial branch. Which of course is exactly what you'd expect given that the power of the people is manifested primarily through the legislature.
If Congress wants, they can write legislation and then simultaneously exclude it from judicial review.
- ceejayoz 3y agoThe Constitution is meaningless in that scenario. The Founding Fathers weren’t that dumb.