[DOWNLOAD] "Judicial Review Before Marbury." by Stanford Law School # Book PDF Kindle ePub Free
eBook details
- Title: Judicial Review Before Marbury.
- Author : Stanford Law School
- Release Date : January 01, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 555 KB
Description
INTRODUCTION One of the most significant questions for originalists--perhaps the most significant question--is: What was the original understanding of judicial review? Scholars and jurists have sharply disagreed on the answer, Opinions range from the claim that judicial review was not part of the original understanding at all (1) to the contention that the original conception of judicial review was so expansive that courts had the power to invalidate statutes on broad natural law grounds. (2) The Supreme Court has claimed originalist sanction for the view that it is "the ultimate expositor of the constitutional text," (3) and in the past decade has struck down a string of congressional statutes on originalist grounds. (4) The dominant scholarly view--presented most compellingly by Larry Kramer in his Foreword to the Harvard Law Review's analysis of the Supreme Court's 2000 Term (5) and his recent book, The People Themselves (6)--is dramatically at odds with this approach and holds that, while judicial review was part of the original understanding, it was rarely exercised, and only clearly unconstitutional statutes were struck down.