Marbury V. Madison: The Origins and Legacy of Judicial Review (Landmark Law Cases & American History) (Landmark Law Cases and American Society) - Softcover
Marbury v. Madison We take for granted today the tremendous power of the Supreme Court to interpret our laws and overrule any found in conflict with the Constitution. Yet our nation was a quarter-century old before that power of "judicial review" was fully articulated by the Court itself in Marbury v. Madison (1803). William Nelson's concise study of that landmark case provides an insightful and readable guide for students and general readers alike. On the surface, the case itself seems a minor one at best. William Marbury, a last-minute judicial appointee of outgoing Federalist president John Adams, demanded redress from the Supreme Court when his commission was not delivere...
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A study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
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"William Nelson, the country's ablest legal historian, has written the most concise yet thoughtful analysis of the first great landmark case in the canon of American constitutional law. Nelson deftly situates Marbury in its own time while illuminating its continuing significance for our own era. This is a book from which scholars and students at every level will learn."--Jack N. Rakove, author of Original Meanings: Politics and Ideas in the Making of the Constitution "This deft and provocative study is at once an incisive history and a reflective meditation on the legitimacy of judicial review."--Charles F. Hobson, author of The Great Chief Justice: John Marshall and the Rule of Law "Well written, coherent, and accessible for students and general readers."--G. Edward White, author of The Marshall Court and Cultural Change
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- PublisherUniversity Press of Kansas
- Publication date2000
- ISBN 10 0700610626
- ISBN 13 9780700610624
- BindingPaperback
- Number of pages160
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Marbury v. Madison : The Origins and Legacy of Judicial Review
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Marbury v. Madison : The Origins and Legacy of Judicial Review
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Book Description Softcover. Condition: new. We take for granted today the tremendous power of the Supreme Court to interpret our laws and overrule any found in conflict with the Constitution Yet our nation was a quartercentury old before that power of judicial review was fully articulated by the Court itself in Marbury v Madison 1803 William Nelsons concise study of that landmark case provides an insightful and readable guide for students and general readers alikeOn the surface the case itself seems a minor one at best William Marbury a lastminute judicial appointee of outgoing Federalist president John Adams demanded redress from the Supreme Court when his commission was not delivered But Chief Justice John Marshall could clearly see the danger his demand posed for a weak court filled with Federalist judges Wary of the Courts standing with the new Republican administration of Thomas Jefferson Marshall hit upon a solution that was both principled and pragmatic He determined that while Marbury was justified in his suit the law on which his claim was based was in conflict with the Constitution It was the first time that the Court struck down an act of Congress as unconstitutional thus establishing the doctrine of judicial review which designates the Court as chief interpreter of the ConstitutionNelson relates the story behind Marbury and explains why it is a foundational case for understanding the Supreme Court He reveals how Marshall deftly avoided a dangerous political confrontation between the executive and judicial branches by upholding the rule of law He also shows how Marshall managed to shore up the Courts prestige and power rather than have it serve partisan political agendasNelson clarifies how the Marshall court sought to preserve what was best in eighteenthcentury constitutionalism while accommodating nineteenthcentury political realities and also traces the gradual transformation of Marburystyle judicial review since Marshalls timeAlthough the Supreme Court did not assert its power of judicial review for another fiftyfour years after Marbury it has since then invalidated numerous acts of Congress From Marshalls modest bid for consensus to what some consider the modern Courts activist excesses judicial review has been a cornerstone in the edifice of the federal judiciary Nelsons analysis helps us better understand how this fundamental principle emerged and why it still matters. Seller Inventory # DADAX0700610626
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