- Video
Can the Supreme Court Change the Constitution Using Judicial Review?
Does the power of judicial review imply that the Supreme Court can change the Constitution? Professor Steven Calabresi points out that there is no specific clause in the Constitution that grants the power of judicial review. Rather, the Court concluded that such a power must exist to uphold the supremacy of the Constitution, according to Federalist 78. If the primary duty of the Court is to ensure the superiority of the Constitution over statutory law, then the Court clearly cannot change the Constitution itself. https://youtube.com/watch?v=hFtapcOEs0E