Arguing Marbury v. Madison

Overview


“Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual “Jones” for any self-respecting Supreme Court junkie.”—Law and Politics Book Review
“Arguing Marbury v. Madison highlights the legal issues of Marbury, the historical background of the case, important issues concerning the establishment of judicial review, and equally important ...
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Overview


“Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual “Jones” for any self-respecting Supreme Court junkie.”—Law and Politics Book Review
“Arguing Marbury v. Madison highlights the legal issues of Marbury, the historical background of the case, important issues concerning the establishment of judicial review, and equally important issues concerning the justification of judicial review. This is a wonderful introduction to judicial review in all its dimensions.” —Mark Graber, University of Maryland
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Editorial Reviews

From the Publisher

"Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual "Jones" for any self-respecting Supreme Court junkie."—Law and Politics Book Review

"Arguing Marbury v. Madison highlights the legal issues of Marbury, the historical background of the case, important issues concerning the establishment of judicial review, and equally important issues concerning the justification of judicial review. This is a wonderful introduction to judicial review in all its dimensions." —Mark Graber, University of Maryland

"Marbury v. Madison has become the very symbol of modern constitutionalism, and as the practice of imposing legal limits on government and subjecting government officials to constitutional review has spread across the globe, the seeming importance of this case from the early days of the American republic has only grown. This volume assembles an excellent and diverse group of scholars who deepen and enrich our understanding of this case and what it has come to mean, puncturing the myths of Marbury while exploring the balance between democracy and rights. This reassessment of Marbury could not be more timely." —Keith Whittington,Princeton University

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Product Details

  • ISBN-13: 9780804752275
  • Publisher: Stanford University Press
  • Publication date: 8/9/2005
  • Edition description: 1
  • Pages: 224
  • Product dimensions: 6.00 (w) x 9.00 (h) x 0.50 (d)

Meet the Author


Mark Tushnet is Carmack Waterhouse Professor of Constitutional Law at Georgetown University.
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Table of Contents

Sect. I The oral argument in Marbury v. Madison
1 Transcript of the oral argument in Marbury v. Madison 13
2 On having Mr. Madison as a client 38
Sect. II Perspectives on Marbury v. Madison
3 The intellectual background of Marbury v. Madison 47
Comment : Marbury redux 59
4 The myths of Marbury 65
Comment : judicial review and the stages of Marbury 88
5 The age of Marbury : judicial review in a democracy of rights 104
Comment : a democracy of rights : the dark side? 147
Comment : Marbury and the authoritarian straddle 160
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