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OpenStudy (ashleyisakitty):

Which of the following statements about judicial review is true?

OpenStudy (ashleyisakitty):

A)Early leaders like Alexander Hamilton expected the Supreme Court to have the power of judicial review, as evidenced through Hamilton's words in the Federalist Papers. B)The Framers of the Constitution never intended the federal court system to have the power of judicial review, as they believed it was a power reserved for the states. C)The Constitution does not include the idea of judicial review because it was not a concept considered or understood by early leaders of American government. D)Early leaders like James Madison said it was not a necessary power of the Supreme Court because the states already were using this power.

OpenStudy (poopsiedoodle):

Well, it's definitely not C. I'm working on narrowing down the other 3 choices.

OpenStudy (ashleyisakitty):

Yeah, thats the only thing I know for sure.

OpenStudy (poopsiedoodle):

Pretty sure it's A. Here's what Alexander Hamilton said about it: "But it is not with a view to infractions of the Constitution only, that the independence of the judges may be an essential safeguard against the effects of occasional ill humors in the society. These sometimes extend no farther than to the injury of the private rights of particular classes of citizens, by unjust and partial laws. Here also the firmness of the judicial magistracy is of vast importance in mitigating the severity and confining the operation of such laws. It not only serves to moderate the immediate mischiefs of those which may have been passed, but it operates as a check upon the legislative body in passing them; who, perceiving that obstacles to the success of iniquitous intention are to be expected from the scruples of the courts, are in a manner compelled, by the very motives of the injustice they meditate, to qualify their attempts. This is a circumstance calculated to have more influence upon the character of our governments, than but few may be aware of."

OpenStudy (ashleyisakitty):

Thank ya :)

OpenStudy (poopsiedoodle):

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