[greeneyes]

Thanks for the thread. The more I read, the more I understand that my civics class did not provide enough information from these original sources.

I am also struck by how the same issues and arguments are just as relevant today as then. Perhaps there should be a required course before high school graduation entitled original sources to study the formation of our government from these minutes, and the federalist & anti-federalist papers etc.

[Jacquerie]

The surprise in today’s debate isn’t the discussion of Congressional veto over State law, but how James Madison, Governeur Morris and Roger Sherman viewed what we call Judicial Review as inherent within the Judicial Power. It will come up again, not as a point of contentious debate, but like today, where no one stood up to disagree.

Mr. Morris: “A law that ought to be negatived will be set aside in the Judiciary departmt. and if that security should fail; may be repealed by a Nationl. law.”

Mr. Madison: “They can [FN14] pass laws which will accomplish their injurious objects before they can be repealed by the Genl. Legislre. or be [FN15] set aside by the National Tribunals.

Mr. Sherman: “Thought it unnecessary, as the Courts of the States would not consider as valid any law contravening the Authority of the Union, and which the legislature would wish to be negatived.

From this standpoint, the later 19th century enshrinement of Marbury v. Madison was superfluous.