Update [2005-4-17 16:27:19 by Armando]: From the diaries by Armando. Law Sunday.
"There is no liberty, if the power of judging be not separated from the legislative and executive powers." -Montesquieu, Spirit of Laws
As a part of their increasingly fervent and shrill jihad against the federal courts, wingers have resorted to the canard that judicial review has no place in our constitutional system and Marbury v. Madison was wrongly decided. First, the "argument" popped up on winger talk radio; later it was trotted out on JesusVision, courtesy of Tony Perkins. Various legal scholars, from both the right and the left, have attacked Marbury (and, by extension, judicial review) for years.
The thing is, they're all wrong, and the historical evidence isn't mixed. It's clear: judicial review isn't just an appropriate part of our government; it was critical to the system the Founders designed.
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