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burningquestion , (edited )

:) :) :)

edit: to cut to the chase, judicial review is not in the Constitution (go ahead, go find it), was not intended by the Framers, and was a power claimed by the court over a decade after it was set up, in Marbury v. Madison

Amending the Constitution to fix the problems with a court that’s been arrogating extra powers to itself from the beginning hardly seems workable.

From an originalist standpoint, the only consistent stance on judicial review seems to be that it shouldn’t exist. If we hew to the original ideas of the Founders and the plain text of the Constitution, the Supreme Court’s powers are at best poorly defined and not clearly enforceable.

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