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Exactly. The doctrine of judicial review wasn't even part of the original plan.


> The doctrine of judicial review wasn't even part of the original plan.

This is frequently stated but borders on nonsense. The framers could not have failed to understand that to resolve cases and controversies arising under the Constitution, the federal judiciary would necessarily have to resolve cases and controversies where the question was that an act of Congress was inconsistent with the Constitution.

Certainly -- many of them being practicing lawyers -- they would understand that courts resolving legal questions first have to determine what the controlling law is, including resolving apparent conflicts between different laws by reference to various principles as to which laws take precedence.

"Judicial review" is just the name given to regular process of legal construction when, in addition to the canons of construction that were established prior to the Constitution, the principle of "the Constitution trumps all other enactments" is added.




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