ABSTRACT
The idea of judicial review is today regarded as an outgrowth of that of a written constitution, but historically both are offshoots from a common stock, namely the idea of certain fundamental principles underlying and controlling government. There are historical writers who show that a considerable portion of the membership of the body that framed the Constitution are on record as having personally favored judicial review at one time or another, either before, during, or after the Convention. The views of the framers with reference to the basis of judicial review may also be profitably extended to the period between the adoption of the Constitution and the decision in Marbury v. Madison. The position of those who are content to rest the power of the Supreme Court over acts of Congress upon Marbury v. Madison is plainly illogical.
