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A presumption of constitutionality shifts the burden of proof from the government to the citizen, requiring them to prove that a statute is unconstitutional. In Federalist 78, Alexander Hamilton wrote that courts should only be able strike down a statute as unconstitutional if there is an "irreconcilable variance" between the statute and the Constitution.〔Hamilton, Alexander. (Federalist #78 ) (1788-06-14).〕 Otherwise, a statute should be upheld. Likewise, at the 1787 Philadelphia Convention, Virginia delegate George Mason said that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as Judges to give it a free course."〔("Founders’ Constitution, Article 1, Section 7, Clauses 2 and 3" ), Records of the Federal Convention (1787-06-04).〕 Professor Randy Barnett argues that such a presumption is itself unconstitutional, and suggests that government should be forced to prove that laws violating liberty are necessary and proper, in what he calls the "presumption of liberty".〔Barnett, Randy. ''Restoring the Lost Constitution: The Presumption of Liberty'' (Princeton University Press 2004).〕 ==See also== *Judicial review *Judicial review in the United States *List of legal doctrines 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「presumption of constitutionality」の詳細全文を読む スポンサード リンク
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