Chief Justice John Marshall

VIII.3: Anti-Federalist Objections to Judicial Review

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The Federalists were the people who wrote the US Constitution. And the Anti-Federalists were those who fought against it. There were Anti-Federalists in the Constitutional Convention. And there were more in the state conventions for ratifying the US Constitution. Both groups were united against the Federalists’ expansion of power in the courts. In particular, there … Read more

VIII.1: The Origin of Judicial Review

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“Judicial review” means that a court has the power to declare that a law involved in a case brought before it is unconstitutional. A court has the power to strike down that law if it thinks the law contradicts its interpretation of the Constitution. Such decisions can be appealed to higher courts, and ultimately to … Read more

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