The Constitution Does Not Authorize Judicial Review
Our teachers are wrong. The Constitution does not empower the Court to interpret the Constitution. The founders didn’t give that power to anyone. The Court decided that for itself.
In 1803, six activist Supreme Court justices claimed for themselves the power of Judicial Review. It does not appear in the Constitution, but they still wield that power today, and it affects all of our lives.
Our founders disagreed on whether Congress or the Court should exercise judicial review. While the Federalist Papers do address the issue, the Constitution doesn’t mention judicial review at all. The Supreme Court assumed the power for itself, and no one objected or tried to amend the Constitution to clarify the matter.
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