Eakin V. Raub: Judicial Analysis

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Eakin v. Raub 12 Sargent & RAWLE 330 (P.A.> 1825) Facts None given. Legal Questions Should the Supreme Court have the power of judicial review? Holding Not provided. Reasoning Majority opinions not provided. Concurrences/Dissents Justice Gibson dissented; arguing against Justice Marshall’s adopting the power of judicial review for the Court and instead suggesting that the power to correct unconstitutional laws should remain with Congress. Analysis Justice Gibson attempts to undermine the very purpose and power of the Supreme Court in his dissent. However, by arguing against the Court’s power of judicial review who would be able to resolve conflicts between conflicting laws between states? Without the power of judicial review how
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