substantive judgments to majority rule
6. Rights based theory: beliefs that government exists primarily to protect individuals from intrusion
Two types of challenges:
* As applied – claiming that the statute is uncon as applied in this case
* Facial – statute must be struck down entirely, no constitutional applications
Judicial Review: federal courts have the ability to review the constitutionality of decisions and actions of other branches of government
Marbury v. Madison: Courts…
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