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OPINION

The case for engaged justices

George Will
George Will | Dec 06, 2010
The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
The case for engaged justices
"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?
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