A Research Paper on Legal Principle of Judicial Review

Implicit in that subprogram was the idea that go'ernment procedureions and policies found to be in bout with the Constitution were subject to review, and more, that such review was specifically and just the province of the judiciary.1

Though an important American legal principle, legal review was not used to decl are an act unconstitutional after Marbury v. Madison until the Dred Scott decision nullified the Missouri agree and the Compromise of 1850, which had distinguished the status of slaves in slave and absolve introduces. Dred Scott held that property rights, including rights of slave ownership, were absolute and could not be unattended in free or slave states.2 Mean small-arm, however, in Fletcher v. draw in 1810, McCullough v. Maryland and Dartmouth v. Woodward in 1819, and Gibbons v. Ogden in 1824, and the Court had upheld the constitutionality of an act of Congress or the supremacy of federal over state courts, in such issues as bank chartering, university education, and interstate doctor regulation. A subsidiary effect of decisions that held the Constitution as the tyrannical law of the land was to anchor the supremacy of national over state government in a whole incline of ways.

A sense of the availability of information on discriminative review is virtually as close as the hot historybook index or library invoice catalogue file. A score or more book

But the real action where discriminatory review is concerned in the current period is winning place in the realm of public and professional commentary. Accordingly, an interrogative of journal indexes and bibliographies will yield leads to more specific avenues of research, including plainly not limited to judicial review, legal or judicial philosophy, natural law, stare decisis, constitutional interpretation, Supreme Court composition, the regime of the judiciary, and so on. A review of master lists of resources will item up titles, headlines, abstracts that appear to suggest where the most profitable resources for detailed research.

In this regard, newspapers and newspaper indexes are most likely to storey a researcher in the direction of the latest subscriber line in the fabric of judicialreview political controversy, while law and scholarly journals and indexes are most likely to tier to the debates going on at the intellectual and professional level. The terms for these debates will of course be the constitutional resources, or the texts of the corpus Supreme Court decisions themselves, contained in the Leading Decisions series. The decisions contain a good deal of reference to other legal resources, notably various decisions contained in case law books found in law libraries around the country. But caselaw books are much less important for an understanding of the scope and theme of the concept of judicial review than the decisions on one hand, and the hatful of politically or intellectually oriented material that follows such decisions.

4 Robert Stevens, "Benched JusticeIn Pursuit of Justice: Reflections of a State Supreme Court Justice," Los Angeles Times, 23 July 1989, sec. Book Review, p. 1.

Woodward, Bob, and Armstrong, Scott. The Brethren: internal the Supreme Court. New York: Simon and Schuster, 1979.

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