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1. The Constitution and the Court Judicial Review
English Common Law Tradition, Sir Edward Coke
Natural Law, John Lock
The American Legal Tradition & the irony of Jefferson v. Marshall
Marbury v. Madison, 1803. Marshall’s decision, Jefferson’s response.
Judge John B. Gibson’s 1825 decision in Eakin v. Raub
Judicial review is a userpation of legislative power. Courts should only engage in statutory interpretation, maintain the equality that exists among the 3 branches of government under the separation of powers/checks and balances system, and leave change up to the people.
Wallace on judicial restraint
Champions “interpretivism”; rejects imposition of judicial will, values, political model of judicial decisionmaking.
Slotnick –judicial review is a pragmatic response to the American experience.