Few Supreme Court decisions are as well known or loom as large in our nation's history as Marbury v. Madison. In revising the historiography of Marbury, Robert Clinton contends that few decisions have been more misunderstood, or misused, in the debates over judicial review. The 1803 decision is widely viewed as having established the doctrine of judicial review, which permits the Court to overturn acts of Congress that violate the Constitition; moreover, such judicial decisions are final, not subject to further appeal. Conventional wisdom maintains that Marbury dramatically enlarged the Court's powers and, thus, broke with established legal tradition. In this provocative book, Clinton argues that the accepted view of Marbury is ahistorical and emerges from nearly a century of misinterpretation by historians and by legal scholars. Drawing upon evidence from European, English, and colonial American sources, from Founding Fathers and the ratification debates, and from the history of the Supreme Court after Marbury, he demonstrates that the decision was anything but a radical departure from legal tradition. Ultimately, Clinton maintains, Marbury can support only a very narrow and precedent-bound conception of judicial review: that federal courts are entitled to void acts of Congress only when to do otherwise would violate constitutional restrictions on judical power. Nevertheless, the modern view of Marbury prevails, and Clinton's study analyzes how the misperception has evolved.
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Editorial Reviews
Review
"A coherent, provocative, and welcome challenge to the liberal-Progressive interpretation of judicial review." -- Journal of American History
"Clinton does [much] to blow away a good deal of fog surrounding Marshall, Marbury, and the scope of judicial power." -- Review of Politics
"This book without doubt will be central to the scholarly dispute about judicial review." -- Political Science Quarterly
"Clinton does [much] to blow away a good deal of fog surrounding Marshall, Marbury, and the scope of judicial power." -- Review of Politics
"This book without doubt will be central to the scholarly dispute about judicial review." -- Political Science Quarterly
From the Back Cover
"This is one of the half dozen recent works that will be central to the scholarly dispute about judicial review. It will be widely read by law professors and political scientists who teach constitutional law and by constitutional historians."--Martin Shapiro, author of Who Guards the Guardians: Judicial Control of Administration
"Every student of judicial review should read this book. Even those who disagree with its main thesis will find it very stimulating."--Christopher Wolfe, author of The Rise of Modern Judicial Review: From Constitutional Interpretation to Judge-Made Law
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2 of 7 people found the following review helpful:
5.0 out of 5 stars
Modern Judicial Review?,
By David (USA) - See all my reviews
This review is from: Marbury V. Madison and Judicial Review (Paperback)
Clinton's study of the origins of judicial review is very interesting despite some major weaknesses. His attempt to understand what the Framers of the Constitution believed judicial review to be would be much stronger with more detail to the controversies raging within states just after ratification about judicial review. This is because he depends heavily upon his assertion that Marbury was consistent with the generally understood meaning of judicial review that the Framers shared. If there was no generally understood meaning about judicial review, then his hypothesis suffers a major blow.
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First Sentence:
A parade of ghostly dignitaries has recently emerged out of the foggy depths of the American past. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
judiciary nature, modern judicial review, income tax decision, judicial finality, obligation clause, judicial nullification, coordinate review, conflicting rules governs the case, ipso facto void, requested writ, appropriate legal remedy, separation doctrine, law under the constitution, invalidate acts, invalidate legislation, invalidate laws, coordinate agencies, judicial supremacy, unconstitutional legislation, federal judicial power, superior obligation Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Marshall Court, Federal Convention, Van Buren, John Marshall, Dred Scott, Philadelphia Convention, Blackstone's Tenth Rule, Marbury Myth, Privy Council, Great Chief, Warren Court, New York, Professor Wolfe, Rhode Island, American Law Review, American Republic, Declaration of Independence, Federalist Number, American Bar Association, Nine Old Men, Burger Court, James Bradley Thayer, Marshall's Court, Taney Court New!
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Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
A parade of ghostly dignitaries has recently emerged out of the foggy depths of the American past. Read the first page Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
judiciary nature, modern judicial review, income tax decision, judicial finality, obligation clause, judicial nullification, coordinate review, conflicting rules governs the case, ipso facto void, requested writ, appropriate legal remedy, separation doctrine, law under the constitution, invalidate acts, invalidate legislation, invalidate laws, coordinate agencies, judicial supremacy, unconstitutional legislation, federal judicial power, superior obligation Key Phrases - Capitalized Phrases (CAPs): (learn more)
United States, Marshall Court, Federal Convention, Van Buren, John Marshall, Dred Scott, Philadelphia Convention, Blackstone's Tenth Rule, Marbury Myth, Privy Council, Great Chief, Warren Court, New York, Professor Wolfe, Rhode Island, American Law Review, American Republic, Declaration of Independence, Federalist Number, American Bar Association, Nine Old Men, Burger Court, James Bradley Thayer, Marshall's Court, Taney Court New!
Books on Related Topics | Concordance | Text Stats Browse Sample Pages:
Front Cover | Table of Contents | First Pages | Index | Back Cover | Surprise Me!
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