Next, period 2 judicial review maintained the period I understanding that judicial enforcement of the Constitution was an extraordinary political act, a judicial substitute for revolution. Its great achievement was the demonstration that this act was one which judges were nevertheless allowed and even required to perform. Period II judicial review, furthermore, derived its authority over legislation from an equality of the governmental branches under explicit fundamental Jaw, not, as does the Marbury doctrine, from a uniquely judicial responsibility to a written constitution. Last, its exercise was accompanied by political restraints appropriate for judicial defense of fundamental
