The Evolution of Judicial Review

- Click here for the wiki.

Among the items not mentioned in the Constitution was the principle power the court now has - judicial review. After describing it and explaining why it was not given to anyone in the Constitution, we will look at Hamilton's reasoning for why the judiciary should have it. It is not until an early case during the Marshal Court where the power was claimed by the court. Since then, arguments have raged over its use and what it means for the court to apply it. It raises questions of constitutional and statutory meaning and the relative power of the court over the other two branches of government.

For stuff on the blog:

- Judicial Activism.
- Judicial Appointments.
- Judicial Elections.
- Judicial Restraint.
- Judicial Review.
- Loose Construction.
- Original Intent.
- Originalism.
- Strict Construction.