Hamilton’s Response: Judicial Review Affirmed?

Source: Tenth Amendment Center
by Bob Fiedler

“Declaring the acts of another branch of government void, said Hamilton, does not mean that the one making the pronouncement is necessarily supreme. It does not suppose ‘a superiority of the judicial to the legislative power.’ Since a constitution emanating from the people ‘is, in fact, and must be regarded by the judges, as a fundamental law’ if there is ‘an irreconcilable variance’ between the act of the legislature and the constitution, the judges have no choice but to prefer the constitution to the statute, ‘the intention of the people to the intention of their agents.’ This argument was mere casuistry on Hamilton’s part, for several reasons.” (01/08/22)