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That the party disputing the acts constitution bears the heavy burden of demonstrating the acts unconstitutionality beyond a reasonable doubt. The contrary principle that i will call judicial engagement is that the judiciarys principle duty is the defense of liberty and that the government, when challenged, bears the burden of demonstrating that its action is in conformity with the constitutions architecture, the purpose of which is to protect liberty. The federal government can dispatch this burden by demonstrating that its action is both necessary and proper for the exercise of an enumerated power. A state or local government can dispatch the burden by demonstrating that its act is within the constitutionally prescribed limits of its police power. The Texas Supreme Court has addressed and dissolved the counterimagi countermajorityian difference. He begins as judicial review began in 1803 with marberry v. Madison in which
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