A) Read and take notes: Marbury v Madison
B) Answer the following questions:
1. Is judicial review a good idea? Should nine unelected judges be able to tell our elected representatives what they can and cannot do?
2. Are courts more likely to block an enlightened consensus with their adherence to outdated principles or to protect the politically weak from oppressive majorities?
3. Are judges, protected with lifetime tenure and drawn generally from the educated class, more likely to be reflective and above the passing enthusiasms that drive legislative action?
4. Does Marbury mean that legislators or members of the executive branch have no responsibility to judge the constitutionality of their own actions?
5. Could we have a workable system of government without judicial review?
2. Are courts more likely to block an enlightened consensus with their adherence to outdated principles or to protect the politically weak from oppressive majorities?
3. Are judges, protected with lifetime tenure and drawn generally from the educated class, more likely to be reflective and above the passing enthusiasms that drive legislative action?
4. Does Marbury mean that legislators or members of the executive branch have no responsibility to judge the constitutionality of their own actions?
5. Could we have a workable system of government without judicial review?
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