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CONSTITUTIONAL LAW OUTLINE

PROFESSOR HARRY WITTE

THE ROLE OF THE COURTS IN CONSTITUTIONAL INTERPRETATION

I. JUDICIAL REVIEW AND CONSTITUTIONAL STRUCTURE


a. The origins and theory of judicial review
i. Marbury v. Madison: Establishment of Judicial Review
1. Power of courts to declare legislation or executive acts invalid as unconstitutional
a. Implied power of the court
2. Opinion
a. Marbury had a right to his commission.
b. Marbury had a judicially enforceable remedy because
a. to trump court decisions under section 5 legislation
THE ROLE OF THE COURTS IN CONSTITUTIONAL INTERPRETATION

THE ROLE OF THE COURTS IN CONSTITUTIONAL INTERPRETATION

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