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Constitutional law seminal cases of Marbury v. Madison and Ex parte McCardle were the original Court considerations of the limits and scope of judicial interpretation. Following a reading of these cases and the completion of a review of this week’s reading and video assignment, take an advocacy position on one side of the constitutional review debate and defend it with reference to at least two (2) outside resources.
You should discuss the merits of either “strict constructionism” or “interpretivism” as it relates to both the general process of judicial review and the specific application of that system of review of a specific fundamental right. For example, you should consider the impact of your kind of judicial review upon our contemporary society in the practice of religion or our freedom of speech.
