DNA Strands of Judicial Review
**Italicized phrases are the DNA Strands**
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Two examples of judicial review from the past are both from the Magna Carta in 1215. The first one is the right to a trial by jury. This gives the judicial power to give a trial to someone convicted of a crime. The second is due process of law. Due process of law stemmed from the saying "law of the land." This basically means how the law of the nation is applicable to each of their citizens. That way, everyone was judged on the same level.
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Royal colonies of the 17th century were ruled by a governor that was appointed by the monarch. One thing that separated royal colonies from the others was the fact that the governor's council became the upper house of the colonial legislature. This applies to judicial review because it shows that the upper house then had the power to review and cancel gov't acts that were unconstitutional.
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The New Jersey Plan of 1787 says that the federal judiciary is headed by a single "supreme tribunal." This explains that there is one "head" judge that makes the decision to nullify acts that are not constitutional.
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