Re: Marshall & Upholding Federal Statutes

[Randy Barnett]

I have an article now pending at law reviews called, “The Original Meaning of the Judicial Power,” in which I respond to Leonard Levy and others who claim that judicial nullification of unconstitutional laws was not established at the time of the founding.  The evidence from the constitutional convention, ratification conventions (and some other authorities) shows that speakers—whether supporters or opponents of the Constitution--uniformly assumed that the judicial power included the power to nullify unconstitutional laws.  After reading these statements there is really no doubt that this power was included in the original meaning of the text of the Constitution.  I will post a link when it is up on SSRN.   Randy _____________________________________________ Randy E. Barnett Austin B. Fletcher Professor Boston University School of Law 765 Commonwealth Ave. Boston, MA  02215 617-353-3099 (phone) 617-353-3077 (fax) http://www.RandyBarnett.com http://www.LysanderSpooner.org (Lysander Spooner page) http://www.RandyBarnett.com/SOL.htm (Structure of Liberty  page)