Arguing Marbury v. Madison

Arguing Marbury v. Madison

by Mark Tushnet
     
 

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Marbury v. Madison is commonly, if incorrectly, understood to be the US Supreme Court case that established the principle of judicial review. Put together by Tushnet (constitutional law, Georgetown U.) collection examines constitutional and historical aspects of the 1803 case and of the principle of judicial review. It opens with the transcript of an oralSee more details below

Overview

Marbury v. Madison is commonly, if incorrectly, understood to be the US Supreme Court case that established the principle of judicial review. Put together by Tushnet (constitutional law, Georgetown U.) collection examines constitutional and historical aspects of the 1803 case and of the principle of judicial review. It opens with the transcript of an oral argument in which contemporary law professors argued legal issues of the case (as understood at the time) before a panel of federal judges. This is followed by essays on the intellectual background of Marbury; misunderstandings of the case's role in the establishment of judicial review and the role of judicial role in American governance; and a theory of judicial review that rests on the concept of a "democracy of rights," based on the equal dignity of all ordinary citizens. Each of these three essays is accompanied by commentary by other scholars. Annotation ©2005 Book News, Inc., Portland, OR

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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

Product Details

ISBN-13:
9780804752275
Publisher:
Stanford University Press
Publication date:
08/09/2005
Edition description:
1
Pages:
224
Product dimensions:
6.00(w) x 9.00(h) x 0.50(d)

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