Arguing Marbury v. MadisonStanford University Press, 2005 - Počet stran: 212 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. |
Obsah
Perspectives on Marbury v Madison | 45 |
Suzanna Sherry The Intellectual Background of Marbury | 54 |
Barry Friedman The Myths of Marbury | 173 |
Judicial Review in | 188 |
Vicki C Jackson A Democracy of Rights | 201 |
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Alexander Bickel American appointment process argues argument Article assisted suicide Barry Friedman Bickel Chief Justice cial cial review circuit courts clause common law Congress Consti constitutional law constitutional theory constitutionality contemporary countermajoritarian difficulty D.C. Circuit debate decisions democracy of rights democratic dicial divided government doubtful case rule Dworkin early republic Eisgruber elected Executive Branch federal courts Federalist Graber important institution of judicial Jefferson John Mar John Marshall Judge Edwards Judge Katzmann Judge Sentelle Judge Sotomayor judgment judi judicial power judicial review judicial supremacy judiciary Judiciary Act legislative legislature Madison Marbury Marbury's Mark Tushnet Marshall's ment original jurisdiction party political branches politicization popular power of judicial President principles Professor Griffin Professor Strauss Professor Tushnet protection public opinion question role scholars statute supra note Supreme Court Suzanna Sherry theory of judicial tion tional tutional unconstitutional understanding voting William Marbury writ of mandamus