"The powers of the legislature are defined and limited; and that those limits may not be mistaken, or forgotten, the Constitution is written."
- Marbury v. Madison (1803)
Debates about judicial review concern the propriety and scope of judicial supervision of democracy and involve the countermajoritarian dilemma: How to square the principle of popular sovereignty with the practice of allowing appointed judges, accountable to no contemporary constituency, to overturn laws enacted by elected legislators?
A case destined for the Supreme Court concerns the health-care law. The Constitution establishes a government of limited and enumerated powers. Which one empowers Congress to force individuals to purchase health insurance and to punish those who do not?
Join the conversation as a VIP Member