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The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to ...
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:
Virginia, 19 U.S. 264 (1821), the Supreme Court held that the Supremacy Clause and the judicial power granted in Article III give the Supreme Court the ultimate power to review state court decisions involving issues arising under the Constitution and laws of the United States. Therefore, the Supreme Court has the final say in matters involving ...
Section 1 vests the judicial power of the United States in federal courts and, with it, the authority to interpret and apply the law to a particular case. Also included is the power to punish, sentence, and direct future action to resolve conflicts. The Constitution outlines the U.S. judicial system.
The judicial branch of government holds powers as well. They have the ability to use express and concurrent powers to make laws and establish regulations. They use express powers to interpret laws and perform judicial review. Implied powers are used by this branch to declare laws that were previously passed by a lower court unconstitutional.
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
The amendment's text does not mention suits brought against a state by its own citizens. However, in Hans v. Louisiana, 134 U.S. 1 (1890), the Supreme Court ruled that the amendment reflects a broader principle of sovereign immunity. As Justice Anthony Kennedy later stated in Alden v. Maine, 527 U.S. 706 (1999):
The Judicial Vesting Clause (Article III, Section 1, Clause 1) of the United States Constitution bestows the judicial power of the United States federal government to the Supreme Court of the United States and in the inferior courts of the federal judiciary of the United States. [1]