Ben Shapiro at Towmhall.com has an interesting idea, It's time to end judicial review;
Perhaps judicial review wasn't such a great idea after all. In Marbury v. Madison (1803), Supreme Court Chief Justice John Marshall assumed the power of judicial review over acts of the legislature. According to Marshall, the Constitution vested in the Supreme Court the ability to overturn legitimately enacted laws if those laws conflicted with the Constitution itself.He is aware that some may consider his thesis radical and acknowleges it;
It is anything but clear that the Constitution meant to create the power of judicial review. Marshall's opinion is full of holes, both textual and logical. As Judge Learned Hand stated, Marshall's opinion "will not bear scrutiny." Professor Alexander Bickel of Yale University agreed in his work "The Least Dangerous Branch": "The opinion is very vulnerable."
No doubt this view will be called radical. But, as "Brutus" wrote, "when this power is lodged in the hands of men independent of the people, and of their representatives, and who are not, constitutionally, accountable for their opinions, no way is left to control them but with a high hand and an outstretched arm ."
No comments:
Post a Comment