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Likewise, at the state ratifying conventions, over two dozen delegates in at least seven states indicated that under the Constitution, the federal courts would have the power to declare statutes unconstitutional.
Professors Saikrishna Prakash and John Yoo point out, with respect to the ratification of the Constitution, that " no scholar to date has identified even one participant in the ratification fight who argued that the Constitution did not authorize judicial review of Federal statutes.
This silence in the face of the numerous comments on the other side is revealing.

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