1. Judicial Review…How would Checks & Balances be different without a Judiciary?
The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the Constitution.

2. The Supreme Court….
the keeper of the constitutional conscience. The Supreme Court alone, not the legislative or the Executive branch, gets to interpret the Constitution.
Woodrow Wilson said that the Supreme Court was a “Constitutional Convention always in session.”

3. Problem with the Constitution….
the Constitution does not give the judicial branch the power of judicial review. Framers wanted courts to control state legislature, but it is not clear if they wanted them to control national legislature. Court power has evolved since the Constitution.

4. How did the Court get the power to review the national congress and to declare laws unconstitutional?
Marbury v. Madison (1803)
Section 13 of the Judiciary Act of 1789 authorizes Supreme Court to issues- Writs of Mandamus- a court order instructing an official to perform a duty.
But this act was inconsistent with Constitution. Supreme court could not go against Constitution- it is highest law in land. But according to congress & president Section 13 was compatible with Constitution.

5. Is the judiciary, congress or the executive entitled to interpret laws & interpret constitutionality? Who gets to interpret the Constitution?
Chief Justice John Marshall said: The Constitution is law. Judges- not executives or legislators- interpret law. “If two laws conflict with each other, the courts should interpret the Constitution.” This is important because it established judicial review- gave court power.