1L constitutional law Q (1L early start with summer classes) Forum

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evilxs

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1L constitutional law Q (1L early start with summer classes)

Post by evilxs » Wed Jul 07, 2010 11:49 am

I started this summer with constitutional law summer program at my school. I am wanting to bounce a concept and make sure I understand it correctly.

Please bear in mind I have been in law school 4 weeks ok ;)

The power of judicial review is not specifically enumerated in the constitution but instead established as doctrine in Marbury. Would it be legally possible (ignore that it is not probable) for the legislature to ever restrict the establishment of judicial review via an amendment?

I guess I have so far viewed most of the teeth of the supreme court as being a result of having this non-enumerated power of judicial review. I just wonder if that could be infringed upon? I know the only check to their power is through amendments, so could a twisted congress amend the constitution to take that away or has it since been more firmly established and I am not aware of that yet. Short answers please. Im not looking for an essay just a confirmation I am thinking correctly or a wtf dude you missed something important or you havent gotten to something yet that answers this.

Dont answer 0Ls I want to make sure I understand this concept and how it is established correctly.

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evilxs

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Re: 1L constitutional law Q (1L early start with summer classes)

Post by evilxs » Wed Jul 07, 2010 12:24 pm

Got my answer via pm. Thanks TLS! As always, the best resource out there! 8)

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