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