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?
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