EAKIN V. RAUB

Facts:
Justice John Bannister Gibson effectively answered Marshall's argument supporting judicial review.

Opinion: Gibson
-The powers of the judiciar are POLITICAL and civil; every power by which one branch of government is able to control another is political power.
-The constitution and the right of the legislative branch to pass the act are in collision.
-It is the business of the judiciary to interpret the laws, not question the authority of the law given.
-The Supreme Court is fallible, and therefore it rests with the people to correct abuses in legislature; it is easier to remedy through the legislative branch because the people can simply influence the members of Congress to repeal the act.
-Each person holding any office of power in the three branches takes an oath to uphold the constitution.
-The legislative branch makes the laws, therefore it should be able to interpret the laws as well.

Evaluation:
Gibson argues that although the judiciary branch does have political and civil powers, when it uses its political powers it is taking away power from the legislative branch and giving supreme power to the judiciary branch, in direct violation of the separation of powers intended by the framers (Federalist No. 51.) Since the legislative branch is given the power to pass a law or act, they should in turn be given the power to repeal it as well. If the judiciary branch is given this power and makes a mistake, it is much more difficult to remedy the situation.

Key Principles:
Fallibility
Separation of Powers