Season 1 Extra, Episode D | The Standard Story of Judicial Review in American Politics Gets It All Wrong Artwork

This Constitution

This Constitution is an every-two-weeks podcast ordained and established by the Center for Constitutional Studies at Utah Valley University, the home of Utah’s Civic Thought & Leadership Initiative.

Co-hosted by Savannah Eccles Johnston and Matthew Brogdon, This Constitution equips listeners with the knowledge and insights to engage with the most pressing political questions of our time, starting with Season 1, focusing on the powers and limits of the U.S. presidency.

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This Constitution

Season 1 Extra, Episode D | The Standard Story of Judicial Review in American Politics Gets It All Wrong

February 24, 2025 • Savannah Eccles Johnston & Matthew Brogdon • Season 1 • Episode 15

Host Matthew Brogdon talks with Keith Whittington, Yale Law School, about Keith’s book, his book, Repugnant laws: Judicial Review of Acts of Congress from the Founding to the Present, outlining the history of the Supreme Court and other federal courts declaring national laws unconstitutional, which has a long and venerable tradition in American politics.

Matthew and Keith have a good conversation about what it means for courts to exercise judicial review and the way that our standard story about judicial review gets the history wrong.