Sunday, April 17, 2005

Depressions: Chapter 2

This chapter provides a little bit of a background into the early history of judicial review that Brian mentioned in his comments to the Chapter 1 post (yes, yes, everything here is still slanted right). I wasn't familiar with Marbury vs. Madison or Marshall's role in the whole affair. It's intriguing to me that the Federalists thought it would even be possible to create a judiciary insulated from the other branches as thoroughly as they evidently intended. I guess I had always assumed that the court was intended to hold congress to the bar of the constitution. But Yates' comments seem remarkably far-sighted for what the courts have actually (inevitably, perhaps?) become.

I'd be interested to hear some feedback on what y'all think a court that didn't have any say in lawmaker's decisions would look like. It's difficult for me to imagine, and probably is beyond anything there's any hope of getting back to anyway. Does that mean that the original intent of the founding fathers for our republic is gone forever? Anyone interested in colonizing Mars and having another go at it?

1 Comments:

Blogger George said...

I just finished chapter 2 myself. A difficult chapter to read, I thought - had to re-read two more times to understand it. (I wish Levin had given some details on fundamentals.)

Levin talks about Judicial Review in this chapter - and would you guys know how many times this (Judicial Review, that is) has been put to practice? That is, how many times the Supreme Court has stepped in to overturn an act of Congress on any grounds?

(Brian and Kevin: thanks for all of your valuable input. I have gathered a lot from reading your comments.)

April 18, 2005 12:41 AM  

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