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The Constitution and the Court

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The Constitution and the Court

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    1. The Constitution and the Court Judicial Review Historical/Philosophical Sources English Common Law Tradition, Sir Edward Coke Natural Law, John Lock The American Legal Tradition & the irony of Jefferson v. Marshall Marbury v. Madison, 1803. Marshall’s decision, Jefferson’s response. Judge John B. Gibson’s 1825 decision in Eakin v. Raub Judicial review is a userpation of legislative power. Courts should only engage in statutory interpretation, maintain the equality that exists among the 3 branches of government under the separation of powers/checks and balances system, and leave change up to the people. Wallace on judicial restraint Champions “interpretivism”; rejects imposition of judicial will, values, political model of judicial decisionmaking. Slotnick –judicial review is a pragmatic response to the American experience.

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