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- Title
REPUGNANT LAWS: JUDICIAL REVIEW OF ACTS OF CONGRESS FROM THE FOUNDING TO THE PRESENT.
- Authors
Whittington, Keith E.
- Abstract
Somewhat surprisingly, there are still things to learn about the history of judicial review. The practice might have started in some obscurity, but for more than a century it has been at the center of controversy. At the beginning of the twentieth century, the young constitutional historian, Edward Corwin, coined the term "judicial review" to refer to the increasingly prominent power of American courts to interpret and enforce constitutional requirements against overreaching legislatures.1 Corwin was himself an important contributor to an active political and scholarly debate at the turn of the century over the origins and legitimacy of the practice. In a time when politicians were prone to warn judges that "the Supreme Court had usurped the power to pass on the constitutionality of acts of Congress" and would continue to exercise it only at the indulgence of Congress, Corwin was among those who argued that judicial review was "the natural outgrowth of ideas that were common property in the period when the Constitution was established" and consequently as American as apple pie.3 That early scholarship told us quite a bit about how American courts began to exercise the power to declare.
- Subjects
REPUGNANT Laws: Judicial Review of Acts of Congress From the Founding to the Present (Book); WHITTINGTON, Keith E.; JUDICIAL review; JUDICIAL-legislative relations; NONFICTION
- Publication
Constitutional Commentary, 2020, Vol 35, Issue 1, p1
- ISSN
0742-7115
- Publication type
Book Review