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To: j.havenfarm
judicial review is not even in the Constitution

Sorry, but it is. Article III section 2 The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution...

That this was intended by the drafters of the Constitution is made explicit in Federalist Paper#80: The first point depends upon this obvious consideration, that there ought always to be a constitutional method of giving efficacy to constitutional provisions. What, for instance, would avail restrictions on the authority of the State legislatures, without some constitutional mode of enforcing the observance of them?

24 posted on 04/07/2022 9:54:33 AM PDT by AndyJackson
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To: AndyJackson

That’s pretty thin soup. Me, I go with the view espoused by SCOTUS itself, that judicial review is not in the Constitution, but was established in Marburg v Madison when the justices invented the grand tradition of torturing statutory language, in this case the Judiciary Act of 1789, to fit their desired end.
https://www.uscourts.gov/about-federal-courts/educational-resources/about-educational-outreach/activity-resources/about


26 posted on 04/07/2022 10:04:27 AM PDT by j.havenfarm (21 years on Free Republic, 12/10/21! More than 5000 replies and still not shutting up!)
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