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this post was submitted on 29 Jul 2023
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Politics
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Judicial review isn’t in the Constitution either.
That's a very detail ignoring take on the matter but technically you're right.
For context:
Judicial review exists because it makes sense. The framers decided to bind the government with a Constitution, but never explicitly wrote up an enforcement mechanism. The judiciary already interprets laws, so they get to be the enforcement mechanism by default.
The framers also decided to write “during good behavior” in Article III, but never defined what that means. Congress writes laws, so it’s logical to me that Congress gets to define what “good behavior” entails.