Missourian
Diamond Member
Is interpretation on the Constitution necessary?
There is no mention of Judicial Review in the body of the Constitution.
The Judiciary interpreted from the Constitution the power to interpret the Constitution.
That seems circular to me. How can you use a power that you don't have to give yourself a power?
Some state constitutions at the time the Constitution was written DID have Judicial Review as an enumerated power and it was discussed at the 1787 Constitutional Convention.
Does the fact that it was discussed but NOT included in the Constitution suggest that the framers believed a strict reading sufficient and that no interpretation was required?
There is no mention of Judicial Review in the body of the Constitution.
The Judiciary interpreted from the Constitution the power to interpret the Constitution.
That seems circular to me. How can you use a power that you don't have to give yourself a power?
Some state constitutions at the time the Constitution was written DID have Judicial Review as an enumerated power and it was discussed at the 1787 Constitutional Convention.
Does the fact that it was discussed but NOT included in the Constitution suggest that the framers believed a strict reading sufficient and that no interpretation was required?