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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction
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To: Lazarus_Long who wrote (11002)7/9/2004 8:44:54 AM
From: Oeconomicus  Read Replies (1) of 90947
 
The reason: Chief justice John Marshall had not yet enunciated the concept of judicial review.

That came in 1803 in Marbury v. Madison.

Actually, the court had never struck down a law as unconstitutional before that, but it had reviewed and upheld another. Can't remember the case, but it predated Marbury by several years.

Just a bit of trivia to start the day. ;-)

Bob
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