Did john marshall go beyond the constitution when he applied judicial review in marbury

1 answer:

5 0

Numerous originalists would reply "yes," on the grounds that legal audit isn't listed as an energy of the Judicial Branch in the Constitution.

Then again, the legal audit was at that point a setup training when the Constitution was composed, and the Framers, a significant number of whom were attorneys with information of court method, didn't expressly disallow it. Article III makes no say of how the Judicial Branch should practice statute. The absence of direction has a tendency to infer the Framers deliberately permitted adaptability and a level of independence in deciding the courts' operation. In the event that they had no aim for the Judicial Branch to go about as a mind the energy of the other two branches, they could have set more unequivocal rules for the legal to take after.

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