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Case history; Prior: Natural Res. Def. Council, Inc. v. U.S. Nuclear Regulatory Comm'n, 547 F.2d 633 (D.C. Cir. 1976); cert. granted, 429 U.S. 1090 (1977).: Holding; While federal agencies are free to grant additional procedural rights in the exercise of their discretion, reviewing courts are generally not free to impose them if the agencies have not chosen to grant them.
The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [ 12 ]
Fiscal restraints on the federal government, limiting the power and jurisdiction of the federal government, and limiting the terms of office of federal officials—but specifically excluding the imposition of term limits upon members of Congress March 27, 2019: Cong. Rec. Vol. 165, p. S5447, POM-133 ("Senate Concurrent Resolution No. 596") V
Early in its history, in Marbury v.Madison (1803) and Fletcher v. Peck (1810), the Supreme Court of the United States declared that the judicial power granted to it by Article III of the United States Constitution included the power of judicial review, to consider challenges to the constitutionality of a State or Federal law.
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. [ 1 ] : 79 In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority.
The Congressional Review Act (CRA) [1] is a law that was enacted by the United States Congress as Subtitle E of the Contract with America Advancement Act of 1996 (Pub. L. 104–121 (text)) and signed into law by President Bill Clinton on March 29, 1996.
According to a 2012 study by David Law and Mila Versteeg published in the New York University Law Review, the U.S. Constitution guarantees relatively few rights compared to the constitutions of other countries and contains fewer than half (26 of 60) of the provisions listed in the average bill of rights.
For example, James Wilson asserted in the Pennsylvania ratifying convention that federal judges would exercise judicial review: "If a law should be made inconsistent with those powers vested by this instrument in Congress, the judges, as a consequence of their independence, and the particular powers of government being defined, will declare ...