The Constitution and the Court

1
The Constitution and the Court

• Judicial Review
• Historical/Philosophical Sources
• English Common Law Tradition, Sir Edward Coke
• Natural Law, John Lock
• The American Legal Tradition the irony of
  Jefferson v. Marshall
• Marbury v. Madison, 1803. Marshalls decision,
  Jeffersons response.
• Judge John B. Gibsons 1825 decision in Eakin v.
  Raub
• Judicial review is a userpation of legislative
  power. Courts should only engage in statutory
  interpretation, maintain the equality that exists
  among the 3 branches of government under the
  separation of powers/checks and balances system,
  and leave change up to the people.
• Wallace on judicial restraint
• Champions interpretivism rejects imposition of
  judicial will, values, political model of
  judicial decisionmaking.
• Slotnick judicial review is a pragmatic response
  to the American experience.