Marbury v. Madison: Judicial Review


The judiciary is able to maintain its independence from the legislative and executive branches primarily by means of life tenure during good behavior. This independence makes it possible for the judiciary to declare laws unconstitutional. However, the power of judicial review does not make the courts superior to the other branches, which have an equal obligation to interpret and uphold the Constitution.


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Larry P. Arnn is the twelfth president of Hillsdale College, where he is also professor of politics and history. He received his B.A. from Arkansas State University and his M.A. and Ph.D. in Government from the Claremont Graduate School.