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Repugnant Laws: Judicial Review of Acts of Congress from the Founding to the Present-Keith Whittington

A hun­dred years ago there were se­ri­ous and live­ly de­bates over wheth­er courts should even have the pow­er to strike down acts of elected leg­is­la­tures. Those de­bates are large­ly in the past. Courts now rou­tine­ly, al­most cas­u­al­ly, in­val­i­date leg­is­la­tion. But the re­ac­tion ju­di­cial re­view now pro­vokes is ra­ther dif­fer­ent. Few ar­gue that judges should aban­don the pow­er to re­view and in­val­i­date the de­lib­er­ate acts of oth­er gov­ern­ment of­fi­cials.

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