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Politics : Politics for Pros- moderated
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To: DMaA who wrote (408012)1/31/2011 6:34:45 PM
From: D. Long  Read Replies (1) of 794002
 
It is not a role the founders saw it having. There was a vacuum and the justices walked in and filled it

That's an unwarranted assumption. It's a role the Founders did not write in Article III, but that doesn't mean they did not intend the judiciary to rule on legislation's constitutionality. The Founders understood the English common law system, and many were state legislators whose state constitutions' specifically incorporated English common law. It was foreseeable that the courts, intended to balance the other two branches, were to interpret the constitution and "make law" like any English common law court.
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