Even though laws are created and passed by Congress, they are usually a response to social problems or public opinion. Interest groups, lobbyist, and bureaucrats are usually the moving elements for new legislation. These groups hold a strong influence over Congress, by the number of votes they might manipulate. Without the presence of interest groups, Congress wouldn't be able to address some of the concerns of the public, which could lead to a large discontent in government. However, in order to maintain the correctness in the law making process, there has to be a way to check that the legislation introduced does not violate any constitutional right. .
The Supreme Court is the judicial branch of the government. It is the highest court in the country, and its sole task is to ensure that the laws passed by Congress are constitutional and that they are upheld throughout the Country. In other words, The Supreme Court decides arguments about the meaning, application, and constitutionality of a law. This power is referred as judicial review ""the power of a court to judge the constitutionality of the laws of a government or the acts of a government official."" The judicial branch of government also provides what is called checks and balances on the legislative and executive branches. The Supreme Court has the implied power to declare acts of government unconstitutional. The judicial review power is not mentioned in the constitution, however it derives from the case Marbury vs Madison, in which the Supreme Court declared that the refusal of the government to pay bonuses to the midnight judges was unconstitutional, but the Court could not force the government to pay because that would also constituted an unconstitutional act. With this decision the Supreme Court gained force and the power to declare legislation unconstitutional. .
The Supreme Court is an important institution in a politically representative system.
