Arguing Marbury v. Madison (Stanford Law & Politics) [Paperback]

Mark Tushnet (Editor)

Book Description

Publication Date: August 9, 2005 | ISBN-10: 0804752273 | ISBN-13: 978-0804752275 | Edition: 1

Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marburys intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marburys importance.

Editorial Reviews

Review

“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

From the Inside Flap

Marbury v. Madison, decided in 1803, is the foundation stone of the American doctrine of judicial review. Remarkably, the case was decided without the parties having presented an oral argument to the Supreme Court. This book begins with a unique transcript of an oral argument in the case, conducted before a bench of four distinguished federal judges. The transcript is followed by essays on Marbury’s intellectual background, its significance in U.S. constitutional history, and the way in which we might think of constitutional theory and judicial review in terms sensitive to the historical and political contexts in which the practice persists. Distinguished commentators question some of the claims made in the essays, and offer their own perspectives on Marbury’s importance.

See all Editorial Reviews

Product Details

• Paperback: 224 pages
• Publisher: Stanford Law and Politics; 1 edition (August 9, 2005)
• Language: English
• ISBN-10: 0804752273
• ISBN-13: 978-0804752275
• Product Dimensions: 9.1 x 6.1 x 0.6 inches
• Shipping Weight: 10.6 ounces (View shipping rates and policies)
• Amazon Best Sellers Rank: #1,806,342 in Books (See Top 100 in Books)

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