The role of the courts in deciding the constitutionality of legislation was very much in the zeitgeist of the American experiment.
Federalist, No. 78:
> It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents. It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority. [0]
It is absurd to say that the Supreme Court “magicked out of thin air” the notion of judicial review in Marbury v. Madison. That was simply the Court's first assertion of the power the constitution gave it to wield, the wielding of which is the primary purpose of the judiciary as a separate but equal branch of American government.
0. https://en.m.wikipedia.org/wiki/Federalist_No._78#Judicial_r...
