It's silly to say that judicial review is not constitutional. What provision of the Constitution does it violate? Just because you don't like something doesn't mean that it is unconstitutional.
I just said that I thought judicial review was necessary. Don't say that I'm not convinced that judicial review is unconstitutional because I don't like it. That's an outright smear and intellectually dishonest. And if you're not talking to me, Deldem, well, forget I said anything.
Anyway, the reason why I'm not convinced is because the power of judicial review was never expressly mentioned in the Constitution. And powers "not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," as the tenth amendment stated. The real reason why we have judicial review is because of the precedent John Marshall set in Marbury v. Madison
Realize that why I may hold my Constitutional reservations, I in no way shape or form recommend ending judicial review, though I believe judges should be careful and use judicial review only when necessary.
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