Article III of the Constitution creates the Supreme Court and permits Congress to establish lower courts within the federal court system. Federal courts have two key functions: adjudication and judicial review.

Adjudicating Cases: The federal court system hears criminal and civil cases. Generally, prosecutions of federal crimes begin in U.S. Distr4ict Court. That same court has limited jurisdiction to hear civil lawsuits.

Judicial Review: Judicial review refers to the power of federal courts to declare a statute or governmental action unconstitutional and void. This is one of the most important of all constitutional powers, yet it appears nowhere in the Constitution. The Supreme Court simply declared that it had this power, in Marbury v. Madison,in 1803. It has been controversial ever since.

Questions:

1. Why is judicial review so controversial? 

2. Are there arguments in favor of judicial review?