Short Circuit 435 | 1776 and Judicial Review
About this episode
The episode explores the origins of judicial review in the context of America's founding and its constitutional developments post-1776.
Happy America’s 250th! To celebrate, we’re doing things the IJ Way, tying in the events of 1776 to something that emerged a few years later and that we at IJ work with every day today: judicial review. Therefore, although we’re jumping on the bandwagon and doing an “America at 250” episode like everyone else, this one focuses on something most people aren’t talking about for the anniversary—and certainly weren’t discussing in 1776. But one thing Americans were discussing that year, in addition to how best to fight the British and declare independence, was writing constitutions. That was a new thing at the time, a new way of forming a government. It also lay the seeds for judges declaring laws “unconstitutional,” something that didn’t happen in the Old Country. IJ just held a conference on this subject and as part of that held a mock argument/moot court on a constitutional challenge under Pennsylvania’s constitution from 1776. The question was, is this new thing called “judicial review” actually a thing? Sam Gedge of IJ was part of that “case” and joins us to reflect on what he learned digging into the first principles of judicial review and what Americans in the years just after…
People in this episode
Guest: Sam Gedge
Topics covered
- judicial review
- American history
- constitutional law
- 1776
- government formation
- legal principles
Keywords
- judicial review
- 1776
- constitutional challenge
- Pennsylvania constitution
- American courts
- British parliamentary system
Mentioned in this episode
Organizations: Institute for Justice
Books & works: Pennsylvania’s constitution
More episodes of Short Circuit
- Short Circuit 437 | Privately Racing the Nondelegation Doctrine
- Short Circuit 436 | Retaliatory Justice
- Short Circuit 434 | The Police Are the Emergency
- Short Circuit 433 | Bond Hearing Without Lawyer
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