Can Congress submit a Supreme Court case for judicial review?

Jeffrey A. Segal & Chad Westerland, The Supreme Court, Congress, and Judicial Review, 83 N.C. L. Rev. 1323 (2005). Available at: .... damage the Court and its decisions, then the Court will avoid making decisions that .... the majority opinion) (on file with the North Carolina Law Review). 16. ROBERT L. read more

The Supreme Court opinion explained that it is within their power and authority to review acts of Congress, such as the Judiciary Act of 1789, to determine whether or not the law is unconstitutional. By declaring Section 13 of the Judiciary Act of 1789 unconstitutional, the U.S. Supreme Court established the doctrine of Judicial Review. read more

Several other cases involving judicial review issues reached the Supreme Court before the issue was definitively decided in Marbury in 1803. In Hayburn's Case, 2 U.S. (2 Dall.) 408 (1792), federal circuit courts held an act of Congress unconstitutional for the first time. read more