Constitutional questions

  What governmental branch, between the Legislature, the President and the Supreme Court should decide Constitutional questions and why? Was the Supreme Court correct in stating that, under the U.S. Constitution, it “is the province and the duty of the judicial department to say what the law is?” Does this power of “judicial review” come from the text of the U.S. Constitution or some other source? If you find that the power of “judicial review” comes from some source outside the Constitution, please indicate that source. How does judicial review balance the governmental powers between the different governmental branches, the Legislature, the President and the Supreme Court? Choose one of these as well: What powers should be particularly local, those powers given solely to the states and local governments, under a dual sovereignty system of government? What powers should be decided by the federal government, and only the federal government, under a dual sovereignty system of government? What are the advantages of having two sovereigns? What are the disadvantages of having two sovereigns? If you were writing a new Constitution for the United States, would you recommend the dual sovereignty approach? Reading Material: Marbury v. Madison Judicial Review McCulloch v. Maryland State/Federal Relations Gibbons v. Ogden State/Federal Relations Printz v. United States Limits on Federal Power Federalist Paper #78 Judicial Review