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Marbury v. Madison: The Origins and Legacy of Judicial Review, Second Edition, Revised and Expanded (Landmark Law Cases and American Society)

Amazon.com Price:  $37.95 (as of 23/04/2019 16:33 PST- Details)

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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 used to be 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 Court’s standing with the new Republican administration of Thomas Jefferson, Marshall hit upon a solution that used to be both principled and pragmatic. He decided that whilst Marbury used to be justified in his suit, the law on which his claim used to be based used to be in conflict with the Constitution. It used to be the first time that the Court struck down an act of Congress as unconstitutional, thus establishing the doctrine of judicial review that designates the Court as chief interpreter of the Constitution.

Nelson relates the story in the back of Marbury and explains why this can be a foundational case for understanding the Supreme Court. He reveals how Marshall deftly have shyed away from a dangerous political war of words between the executive and judicial branches by upholding the rule of law. Nelson also shows how Marshall managed to shore up the Court’s prestige and power relatively than have it serve partisan political agendas.

Nelson expands upon his original historical analysis by providing a more complete and nuanced account of eighteenth-century constitutionalism and the early development of judicial review. The new material includes chapters on nullification of legislation in local courts, James Otis’s articulation of the doctrine of judicial review in the Writs of Assistance Case, using this doctrine in response to the Stamp Act and Townshend Act, and the expansion of judicial review in the State Cases. This revised and expanded edition provides a fuller picture of colonial The us and a richer understanding of Marshall’s foundational decision.

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