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Madison, with all its imperfections and contradictions, continues to warrant our attention. It created a model of judicial independence and established the fundamental architecture of constitutional review. Although Marbury v. Madison was the first case asserting the power of judicial review, it was not a power that the Court initially exercised with frequency...
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Although Marbury v. Madison was the first case asserting the power of judicial review, it was not a power that the Court initially exercised with frequency. It was not until Dred Scott v. Sandford in 1857 that the Supreme Court invalidated another act of Congress.
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