Wednesday, March 16, 2005

Reviewing judicial review

This has come up before, and Ben Shapiro brings it up again.

There is no provision in the Constitution for judicial review. The Constitution does not grant the courts the authority to declare laws unconstitutional and remove them from the books. The Constitution gives the Courts authority over cases and over controversies, but not over laws. That authority was assumed in the case of Marbury v. Madison, and has remained in effect as a precedent ever since.

However, there is nothing that prevents Congress from passing a bill that would do away with judicial review.

Right now, Democrats are yammering about the "nuclear option" – if Republicans vote to remove the Democrats' ability to block an up-or-down vote on judicial confirmations, the Democrats will go nuclear and bring Congress to a screeching halt. However, compared to that, ending judicial review must be an ehnanced antimatter sun-killer bomb.

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