Document Type

Article

Publication Date

1926

Publication Information

1 Notre Dame Law. 67 (1926).

Abstract

In 1924, Plank Five of the Platform of the Independent candidate for President proposed a constitutional amendment that would enable Congress to override judicial review by reenacting a statute. Such an amendment would, of course, run in stark contrast to Chief Justice Marshall’s opinion in Marbury v. Madison. This paper explores nature of this proposed amendment and analyzes the implications of overturning the foundation of judicial power in our tripartite system of government. In sum, the author suggests that judicial review serves as an excellent check on Congress and the temporary passions of the public itself.

Comments

Part II of the article is available here.

Reprinted with permission of Notre Dame Law Review (previously Notre Dame Lawyer).

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