Tag: judicial review

Judicial Review Is Not A Constitutional Power

In 1823 Thomas Jefferson wrote that “at the establishment of our constitution, the judiciary bodies were supposed to be the most helpless and harmless members of the government.” Experience, he wrote soon showed otherwise as they “were to become the…

Constitutional Law Rests on a Myth

Nearly all of American constitutional law today rests on a myth. That myth, presented as standard history both in junior high civics texts and in advanced law school courses on constitutional law, runs something like this:  A long, long time…