James Madison wanted judges to be involved in assessing the wisdom, justice, and
technical precision of the laws, but only before they were passed. His proposal for a
“Council of Revision” was defeated in the Constitutional Convention, by advocates who
seemed to want the judges involved on far fewer questions about the law, only after a law
was passed. What arguments did both give for their positions? Which argument is better
supported, the one for prior judicial involvement or subsequent judicial review? Why?
Sample Solution
