Reply To: Judicial Review


I was thinking primarily of Jefferson’s statements that ““You seem to consider the judges the ultimate arbiters of all constitutional questions; a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy.” and the idea that each branch can judge the constitutionality of something.

That and Mr. McLanahan’s statements that, according to my perhaps mistaken interpretation, the court was supposed to judge simply procedural issues, not interpret the Constitution.

It also seems to me that Judge Napolitano is arguing that Marbury was a usurpation in Constitution in Exile.