In your own words, briefly summarize Chief Justice Marshall’s argument for
the Supreme Court’s power of judicial review. (This might be harder than it sounds. Much of Marshall’s opinion focuses on questions other than the Court’s power of judicial review, so thetask here is to focus in on the key passages that are relevant. Since the Constitution doesn’t
mention this power explicitly, why did Marshall think the Court was allowed to declare a law
unconstitutional?) Once you have figured out (and summarized) that argument, evaluate it.
How persuasive does it seem to you? I realize we haven’t gotten very far in constitutional
history yet, but what costs and benefits does it seem like this institution might have for the
American constitutional system?
Use the book- American Constitutionalism:
Powers, Rights, and Liberties- by Gillman, Graber, and Whittington as the source and to find Marshall’s argument for Judicial Review.
Do not use any contractions in the paper. For instance, say do not instead of don’t, can not instead of can’t.
