Actual malice is defined as "knowledge of falsity or reckless disregard of whether the material was false or not" (Pember, p. 184). Looking at all angles that people may try to interpret that definition from, it comes down to the fact that malice is determined when somebody lies (p. 184). ...
In 1717, Bishop Hoadly told King George I, "Whoever hath an absolute authority to interpret written or spoken laws; it is he who is truly the lawgiver to all intents and purposes and not the person who wrote or spoke them (Pollack, 153)." Early sentiments similar these have blossomed in to a large scale debate over which branch of our government has the power to overturn laws that do not follow the foundations of our democratic system; the constitution. In this paper I will discuss the history of judicial review in respect to the U.S. Supreme Court, but more importantly, I will discuss the imp...
