Constitutional Turf Wars: Competing for the Consent of the Governed
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Lively, Donald E.
Hastings Law Journal
Debate over the role of the American judiciary is as established and enduring as the American republic. Chief Justice Marshall, in 1803, announced that it was the role of the judiciary to decide "what the law is." In asserting if not arrogating judicial supremacy on matters constitutional, Marshall identified no general criteria for determining when executive, legislative, or state action or policy might be jurisprudentially displaced. Competing to fill the resultant void ever since have been an array of theories vying to fix the perimeters of judicial review.
Text, 39 pages
Copyright holder of article is Hastings Law Journal.
Donald E. Lively, Constitional Turf Wars: Competing for the Consent of the Governed, 42
Hastings L. J.1527 (1991).
April 27, 2016