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To: OkieGrit2
...judicial review of congressional action is not found anywhere in the text of the constituion.

I would disagree. Article III, Section 1 says:

" The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority..."

Article III, Section 2 says:

"In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

The legal definition of 'jurisdiction' is "the power, right, or authority to interpret and apply the law." So not only has the Supreme Court the right to determine the Constitutionality of legislation passed by Congress it is duty bound to do so.

21 posted on 03/30/2002 3:46:17 AM PST by Non-Sequitur
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To: Non-Sequitur
So not only has the Supreme Court the right to determine the Constitutionality of legislation passed by Congress it is duty bound to do so.

Bless ya.

27 posted on 03/30/2002 3:51:36 AM PST by ArneFufkin
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