Say the words, “Judicial Review” to most Talk Radio Show Hosts and you get to watch them go ballistic as they explain why judicial activists are ruining the country. In recent days we have seen a whole lot of this argument, as the 9th Circuit Court upheld a stay against the Immigration Executive Orders of President Obama.
Whether or not you support the Orders or oppose them, there is a basic misunderstanding as to exactly what the argument was last week – and it wasn’t whether or not Immigrants from seven Islamic ruled nations should be admitted or not to the country. In fact, it was the same basic argument that the Supreme Court first heard in 1796, when Alexander Hamilton himself argued that a tax on Carriages was Constitutional.
The Court agreed that it was in fact, not a direct tax and therefore Constitutional. More than that however, they made it clear that because they agreed, there was no need for “Judicial review.”
But it wouldn’t be long before they would see the need for it…