I hate to disagree with Judge Jerry Smith, but judicial review is a usurped power not present in the constitution. The anti-federalists had anticipated it, however, seeing it as just another of the viciously increased federal powers to be enabled by the new constitution as versus the far more libertarian Articles, which had been overthrown [...]
Source: http://www.lewrockwell.com/blog/lewrw/archives/109524.html
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