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Unformatted text preview: LSJ 361 01/13/09 Theories and Debates on Constitutional Interpretation 1) Judicial Review: Revisited i) Definition the power of the Supreme Court and the federal judiciary to consider and overturn any congressional and state legislation or other official governmental action deemed inconsistent with the Constitution, Bill of Rights or federal law. (pg 23) 2) Types of Judicial Review a) Categorical types i) Constitutional review ii) Administrative review b) Relational Types i) Check over federal government ii) Check over state government 3) History of Judicial Review in US a) Marbury v Madison (1803): Court asserts its power of judicial review b) Dred Scott (1857): Court uses judicial review for the first time since Marbury to reverse a decision of Congress c) General increase over time (more and more willing to use judicial review) d) Used much more to overturn state action rather than federal government actions 4) What specifically was unanticipated about judicial review a) Counter majoritarianism i) A problem??? ii) Solution (1) Interpretations of the constitution in accord with accepted theories of interpretation (a) Rationalization of interpretation...
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This note was uploaded on 02/19/2009 for the course LSJ 361 taught by Professor Squatrito during the Spring '09 term at University of Washington.
- Spring '09