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Constitutional review, or constitutionality review or constitutional control, is the evaluation, in some countries, of the constitutionality of the laws. It is supposed to be a system of preventing violation of the rights granted by the constitution, assuring its efficacy, their stability and preservation.
Created: September 17, 1787 [1] Presented: September 28, 1787 [2] Ratified: June 21, 1788 [3] Date effective: March 4, 1789 [4]. The bibliography of the United States Constitution is a comprehensive selection of books, journal articles and various primary sources about and primarily related to the Constitution of the United States that have been published since its ratification in 1788.
In the first three chapters of the third book, Story gives a short history of the origin and adoption of the United States Constitution, the objections to the Constitution, and the nature of the Constitution – whether it is a compact between sovereign states, or the supreme and national law of the United States. In Chapter 4, Story enters ...
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.
[7] [8] Notably, Richard H. Helmholz, in a review of Common Good Constitutionalism, described it as "a serious contribution to some of the most pressing legal debates of our times." [9] Jack Goldsmith has praised Common Good Constitutionalism as "the most important book of American constitutional theory in many decades". [7]
As to judicial review and the Congress, the first proposals by Madison (Virginia) and Wilson (Pennsylvania) called for a supreme court veto over national legislation. In this it resembled the system in New York, where the Constitution of 1777 called for a "Council of Revision" by the governor and justices of the state supreme court. The council ...
Constitutional theory in the United States is an academic discipline that focuses on the meaning of the United States Constitution. Its concerns include (but are not limited to) the historical, linguistic, sociological, ethical, and political aspects.
Constitutionalism in the United States is a basic value espoused by political parties, activist groups and individuals across a wide range of the political spectrum, that the powers of federal, state and local governments are limited by the Constitution of the United States and that the civil and political rights of citizens shall not be violated.