Brutus v Publius: Brutus’ Neglected Thesis On Judicial Supremacy (Part One)
Brutus v Publius: Brutus’ Neglected Thesis On Judicial Supremacy (Part One)

Brutus v Publius: Brutus’ Neglected Thesis On Judicial Supremacy (Part One)

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Today on Categorical Imperatives we have part one of what will be a two part episode About the theoretical origins of Judicial Review. Most people are familiar with Marbury v Madison (1803) Which is widely understood to be the first time the Court articulated a meaning of judicial review in fact, and when talking Marbury, virtually everyone will point to Hamilton’s writing under the pen name Publius in the Federalist Papers, Federalist #78 specifically as the first example of when the doctrine of judicial review was articulated in theory.
Which is all well and good, except that neither of those two things are correct. Judicial review before Marbury is a topic we will get around to discussing at some point in the future, but for today we are going to focus on the first place in the ratification debated we actually find Judicial Review being described which starts with Brutus’ 8th Essay.

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