Is Judicial Review Constitutional?

[I spent the winter writing songs about getting better]

No, its extra-constitutional nonsense that has been used to enable tyranny.

http://en.wikipedia.org/wiki/Lawrence_v._Texas

Very tyranny-enabling indeed.

[I spent the winter writing songs about getting better]

No, its extra-constitutional nonsense that has been used to enable tyranny.

http://en.wikipedia.org/wiki/Lawrence_v._Texas

Very tyranny-enabling indeed.

Indeed.

http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London
http://en.wikipedia.org/wiki/Dred_Scott_v._Sandford
http://en.wikipedia.org/wiki/Plessy_v._Ferguson
http://en.wikipedia.org/wiki/A_%26_M_Records,_Inc._v._Napster,_Inc.
http://en.wikipedia.org/wiki/Roe_v._Wade
http://en.wikipedia.org/wiki/Bush_v._Gore
http://en.wikipedia.org/wiki/Illinois_v._Caballes
http://en.wikipedia.org/wiki/Board_of_Education_v._Earls
http://en.wikipedia.org/wiki/Atwater_v._City_of_Lago_Vista
http://en.wikipedia.org/wiki/Oliver_v._United_States
http://en.wikipedia.org/wiki/United_States_v._Ross
http://en.wikipedia.org/wiki/Terry_v._Ohio

Most of those were simply cases where they refused to strike down tyranny. A shame yes, but there would've been no chance to repeal it in the first place without judicial review.

Without judicial review we'd probably have as much censorship and prudery as in Australia.

[I spent the winter writing songs about getting better]

Give an example to me of something that is unspecified or not a violation of the Constitution that is unconstitutional then.

One example I can think of is the Noise Control Act of 1972, which puts federal regulations on noise pollution.  Nowhere in the Constitution is Congress given the delegated power to regulate noise pollution, unless of course you use a silly interpretation of the General Welfare Clause or the Commerce Clause.  Pretty much anything the U.S. government does that is not justified by a delegated power is unconstitutional.

Notice that the Tenth Amendment says that all powers not delegated to the federal government are reserved for the states.  Pretty much pokes a hole in the ludicrous argument that the federal government is free to do what it wants as long as it doesn't violate any part of the Constitution.

Was noise pollution an issue when the Constitution was written?