Eli5 How does one judge have the power to block entire bills/laws?

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I see in the news all the time so and so judge blocks this bill? How does one judge hold that much power?

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Anonymous 0 Comments

It is called Constitutional Review. It started back in the 19th century when Chief Justice John Marshall wrote the Supreme Court opinion for *Marbury v. Madison*. In that decision, Marshall explained how the Constitution limited the powers of the federal government to those enumerated within the Constitution. So any law created by Congress or act by the President that violated the Constitution could not be enforced because the Constitution is the source of the federal government’s power. Kind of like how you can’t use an electrical plug to power your breaker box. It just don’t work.

*Marbury* had to determine who should stop a government action when it violates the Constitution. Interpreting the law is what courts do so naturally it was determined that this includes reviewing whether a law violates the Constitution. Thus the courts, starting from a single district court judge, has the power of Constitutional Review.

Historically this was limited to the federal government. States could still make laws that didn’t comport with the Constitution but state courts could hold state governments to state constitutions. When the 14th Amendment was ratified state governments were mostly “incorporated” to have to follow the Constitution as well.

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