Judge Greg Galler: Supreme Court’s Decision on Obamacare May Hinge on Which Theory of Judicial Review Carries the Day
Washington County District Court Judge Greg Galler discusses "judicial review."
The role of the courts has received a lot of attention following hearings at the U.S. Supreme Court regarding the law commonly known as “Obamacare.” Many, including the President, have discussed something called “judicial review.” Judicial review refers to a power held by the courts to decide if a law violates the Constitution or not. If the law violates the Constitution, the courts will “strike down” the law declaring it invalid. Perhaps ironically, the court’s power to declare a law to be unconstitutional is not specifically addressed in the U.S. Constitution. Instead, it is considered to be an inherent power of the courts. The U. S. Supreme Court first declared a law to be unconstitutional in 1803 in a case known as Marbury vs. Madison…
Markus
10:53 am on Friday, April 13, 2012
It's clear when reading the Constitution the intent was to establish the fact that individual rights are inherent and God-given, limit the central government to a few enumerated functions, and grant states autonomy. The perverted system we are now living under would make the Founders roll over in their graves. Freedom from interference from a (now massive) central government to live our lives how… more ›