You are viewing an obsolete version of the DU website which is no longer supported by the Administrators. Visit The New DU.
Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

Reply #38: Um ... actually ... Newt is right [View All]

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion Donate to DU
econoclast Donating Member (259 posts) Send PM | Profile | Ignore Tue Jul-12-11 03:59 PM
Response to Original message
38. Um ... actually ... Newt is right
In Marbury v Masdison Chief Justice Marshall established the concept of Juducial Review. He pretty much usurped this authority and spun Judicial Review out of whole cloth.

But .... having invented the power, Marshall first used it to side with the then-current Jefferson admistration. So, the Jeffersonians had a quandry ... object to the line of reasoning that contributed to their winning the case, or sitting down and shutting up. They chose the later, and precedent for Judicial Review was established. Not by law and not under the Constitution ... but by a more or less naked power grab by the Chief Justice.
Printer Friendly | Permalink |  | Top
 

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC