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by dragonwriter
3063 days ago
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> Judicial review was invented by Federalists specifically to subvert Jefferson really. Judicial review is simply the concrete manifestation of two things express in the Constitution: (1) the judicial power regarding cases and controversies arising under the Constitution, laws, etc., and (2) The Constitution’s express limits on what laws Congress has the power to pass. It's anti-democratic in the sense that Constitutionally-limited government is itself anti-democratic, in that the electre representatives of the people are denied the unlimited power they would have in a parliamentary supremacy model, but not in any other sense. |
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