Contesting the Power of Judicial Review

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Contesting the Powerof Judicial Review
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I. Return to Marshalls Argument

• Basis for Reasoning for Judicial Review

- Text (what text? which parts?)
- General Principle (what principle?)

• Interpreting the Judiciary and Its Power

- Casesarising under this Constitution

• Marshalls Controversial Implication

- The Court speaks for, enforces Constitution
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II. Challenge by Pres. Jackson

• Practical Worcester v. Georgia (1830)

- Disagreement and non-enforcement

• Theoretical Bank Veto Message (1832)

- Questions of constitutional power
- Oath of responsibility to Constitution
- Separation (and equality) of branches
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III. Supreme Court Supremacy? President
Lincoln

• Dred Scott v. Sanford (1857)

- Making a national policy on slavery

• Lincolns Response (1)

- Decision applies (only) to parties to the suit
- Vital questions affecting the whole people
- Irrevocably fixed by the Court?
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IV. The Courts Political Influence

• Through Opinions

- Assertion of general principle
- Pres. Bushs reliance on Court about BCRA

• Through Precedent

- Making them as much as relying on them
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