Thomas Jefferson was not involved in writing the U.S. Constitution, as he was America’s ambassador to France at the time. But later he worked against the Federalists, who wrote the Constitution. Judicial review was not a part of the Constitution. But it was supported by Alexander Hamilton (See my earlier post) in the Federalist Papers. … Read more
Judicial review transfers constitutional decision-making power from the legislature to the courts. The legislature writes a law. Then the executive branch implements it. And finally the courts apply it to specific cases. As a result, this sequence of events alone implies that judicial review was inevitable: The speedy transfer of this reliance from the legislatures … Read more
“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
The word ‘federal’ refers to the division of governing power between a nation and its sub-regions or states. It is confusing that in America it has become common to use the word “federal government” to refer to the national government alone. It would be far clearer to use the phrase “national government” for that purpose. … Read more
How can government allow majority rule and, at the same time, prevent minority oppression? Democracy means majority rule, but throughout history, majorities have been guilty of minority oppression. James Madison searched for a solution to this problem for America during the years before he and others wrote the U.S. Constitution. In his studies, he came … Read more
