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Initially the case involved Secretary of State James Madison who refused to seat four judicial appointees although they had been confirmed by the Senate.
People who dont elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial review. As McCloskey points out, "No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch." The Supreme Court is responsible to the will of the people. By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms...
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