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Editorial

Gingrich’s attack on the courts takes on the Constitution, too

  December 28, 2011

The principle of judicial review was first formally set down over 200 years ago in Marbury v. Madison. In this case, John Marshall clearly enunciated that the judicial branch may decide whether a law is constitutional. He declared, “It is emphatically the province and duty of the Judicial Department to say what the law is.’’ However, this once undisputed premise that underlies the concept of separation of powers has recently come under assault by Newt Gingrich.

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