Because John Yoo and Saikrishna Prakash aren't
Posted on: April 24, 2018 at 12:20:48 CT
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arbiters of whether the constitution enumerated as a power of the federal government, judicial review.
You're moving the goal posts:
*nowhere in the constitution does it say that it has the power of judicial review over the constitutionality of laws.
The Way out
*President John Adams before leaving office, strategically placed Marbury as justice of the peace in the District of Columbia.
*Thomas Jefferson, the new president, refused to recognize the appointment of Marbury.
* Jefferson instructed Madison to refuse the delivery of Marbury's commission, which then led to Marbury suing Madison, and the Supreme Court taking the case.
*The Chief justice said that since Article III of the United States Constitution did not allow one branch of the Federal government to force action on the part of another branch.
*This was the first time the Supreme Court declared something as unconstitutional, which was the beginning of the practice of "judicial review."