
#1547 Jefferson, John Marshall, and Judicial Review
Listening to America
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The First Instance of Judicious Review in American Constitutional History
The debate around what we now called judicious review right there the power to refuse to enforce legislation that contradicts the constitution had been happening one of the great stories about the section 13 article 13 of the judicious re-act of 1789 which seemingly gives marbury opportunity to get rid of mandamus. It's also a victory for the federalists because jefferson is embarrassed by marshall's opinion and so as you say he's the big loser here but that was the first instance of judicial review in american constitutional history, it doesn't happen until just before the civil war that a second case of judicial review even occurs.
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