This article builds on recent scholarship about the origins and creation of “our Marbury”—the contemporary understanding of the case and its significance—to argue that Marbury is in fact wholly unsuited for the role it plays in Supreme Court rhetoric and academic instruction. While Marbury is generally understood to support aggressive judicial review, or actual invalidation of a government act, it offers no guidance at all for how judicial review should be employed in particular cases—in particular, whether review should be aggressive or deferential. The actual opinion in Marbury makes no effort to justify its lack of deference to the First Congress, probably because the opinion is a bad-faith exercise in judicial creativity motivated by pa...
Marbury plays an important role in the debate over the legitimacy of judicial review in the American...
For Justices of the U.S. Supreme Court, controversies pitting personal conflicts — whether actual or...
While scholars have long probed the original understanding of judicial review and the early judicial...
This article builds on recent scholarship about the origins and creation of “our Marbury”—the contem...
Marbury v. Madison is today indisputably one of the great cases of American constitutional law bec...
This Article compares the realist critique of Marbury with several revisionist defenses of that deci...
The concept of judicial review of the constitutionality of state and federal statutes by the Supreme...
On the first day of virtually every course in American Constitutional Law the case of Marbury v. Mad...
Marbury v. Madison is our foremost symbol of judicial power. Not only is the decision regarded as th...
Though normally not friends of original intent or legal tradition, today\u27s judicial activists ...
This article challenges the notion that Marbury v. Madison was a critical case immediately after the...
For more than one hundred years, legal scholars have endlessly and heatedly debated whether judicial...
Chief Justice Marshall\u27s legendary opinion in Marbury v. Madison has always been the centerpiece ...
This is a remarkably quiet period in the public life of the Constitution. It is not a quiet time for...
article published in law journalTwo hundred years after its most famous invocation in Marbury v. Mad...
Marbury plays an important role in the debate over the legitimacy of judicial review in the American...
For Justices of the U.S. Supreme Court, controversies pitting personal conflicts — whether actual or...
While scholars have long probed the original understanding of judicial review and the early judicial...
This article builds on recent scholarship about the origins and creation of “our Marbury”—the contem...
Marbury v. Madison is today indisputably one of the great cases of American constitutional law bec...
This Article compares the realist critique of Marbury with several revisionist defenses of that deci...
The concept of judicial review of the constitutionality of state and federal statutes by the Supreme...
On the first day of virtually every course in American Constitutional Law the case of Marbury v. Mad...
Marbury v. Madison is our foremost symbol of judicial power. Not only is the decision regarded as th...
Though normally not friends of original intent or legal tradition, today\u27s judicial activists ...
This article challenges the notion that Marbury v. Madison was a critical case immediately after the...
For more than one hundred years, legal scholars have endlessly and heatedly debated whether judicial...
Chief Justice Marshall\u27s legendary opinion in Marbury v. Madison has always been the centerpiece ...
This is a remarkably quiet period in the public life of the Constitution. It is not a quiet time for...
article published in law journalTwo hundred years after its most famous invocation in Marbury v. Mad...
Marbury plays an important role in the debate over the legitimacy of judicial review in the American...
For Justices of the U.S. Supreme Court, controversies pitting personal conflicts — whether actual or...
While scholars have long probed the original understanding of judicial review and the early judicial...