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.
General
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