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Courts

University of New Hampshire

Law Faculty Scholarship

Series

2017

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Full-Text Articles in Law

Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe Jan 2017

Emerging Constitutional Conflicts And The Role Of Courts, John M. Greabe

Law Faculty Scholarship

[Excerpt] "When a court exercises judicial review, it tells Congress, the executive branch or a state to refrain from action that is under way or to take some action that is not being taken. Either way, a democratically accountable institution is told that it cannot do what the people (presumably) want it to do, or that it must do what the people (presumably) do not want it to do."