Where in the constitution did it allow for Judicial Review?
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April 19, 2024, 04:05:44 AM
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  Where in the constitution did it allow for Judicial Review?		 « previous next »
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Author Topic: Where in the constitution did it allow for Judicial Review?  (Read 1301 times)
Saint Milei
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« on: April 19, 2015, 01:07:21 PM »
Serious question
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Blair
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« Reply #1 on: April 19, 2015, 01:56:53 PM »
Marbury vs Madison was the first act it was used in, the SCOTUS basically gave itself the power to do it and no-one's tried to stop it
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Dereich
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« Reply #2 on: April 19, 2015, 03:26:55 PM »
If you're looking for an originalist answer, look to the Federalist Papers. If you're insisting on a textualist answer, the assumption is that "The judicial Power of the United States" right at the beginning of Article III was understood to include judicial review.
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bedstuy
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« Reply #3 on: April 19, 2015, 04:06:00 PM »
Article III of the Constitution.

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True Federalist (진정한 연방 주의자)
Ernest
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« Reply #4 on: April 19, 2015, 05:35:40 PM »
Don't forget:
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  Altho it only applies to judicial review of State laws, here is explicit support for the concept.
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Mr. Reactionary
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« Reply #5 on: April 20, 2015, 02:15:22 PM »
Everything that has been said, plus the Constitution was expected to continue the common law ... judicial review was common law prior to ratification.

http://lawlibrary.wm.edu/wythepedia/index.php/Commonwealth_v._Caton
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