Judicial review went more than fifty years before first striking down a federal statute.

Evidence

After Marbury, despite grumbling in state courts and among Thomas Jefferson’s followers, judicial review won general, if gradual, acceptance. It became a swift and mighty sword in the hands of the courts. … But at first the sword almost grew rusty from disuse. It was more than fifty years until the Supreme Court clearly struck down a piece of federal legislation. This was the infamous Dred Scott case (1857). — Lawrence M. Friedman and Grant M. Hayden, American Law, 958

Categorization

  • XREF: connects to: Judicial review is the power of courts to strike down unconstitutional government actions. — G. Alan Tarr, Judicial Process and Judicial…, 1383

Broader Connections