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This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.
The history behind Marbury v. Madison and why it is a foundational case for establishing the principle of judicial review and to understanding the development of the U.S. Supreme Court.
Combines documents and analytical essays timed for the bicentennial in 2003. It explains the constitutional, political, philosophical background to judicial review, the historical record leading to this landmark case and the impact of the decision since 1803.
Today, the Supreme Court's authority to determine the constitutionality of executive actions and legislative acts is unquestioned. But two centuries ago, after our country was founded, the Court's power of judicial review was untested. In 1803, the landmark case of Marbury v. Madison established the Supreme Court as guardian of the Constitution. Professor Shane Mountjoy ably introduces the unlikely group involved: John Adams, the outgoing president, who filled the courts with members of his own party; Thomas Jefferson, the new president, who distrusted the courts; James Madison, loyal secretary of state, who refused to deliver a commission; William Marbury, the disappointed office-seeker; and John Marshall, the nationalistic chief justice who had been Adams' secretary of state. Together, they played a role in what is perhaps the most important case to come before the Court. Combining facts with human-interest stories of those involved, Marbury v Madison chronicles the proceedings of this groundbreaking case. Relevant, full-color photographs, a detailed chronology and timeline, and other features add interest and enable readers to grasp the impact of this historic decision.
This book looks at Marbury v. Madison, the case that established the powers of the Supreme Court of the United States, including federal government supremacy and judicial review. When James Madison refused to deliver William Marbury's commission as a justice of the peace, Marbury set the case in motion.
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.
An Introduction to Constitutional Law teaches the narrative of constitutional law as it has developed historically and provides the essential background to understand how this foundational body of law has come to be what it is today. This multimedia experience combines a book and video series to engage students more directly in the study of constitutional law. All students—even those unfamiliar with American history—will garner a firm understanding of how constitutional law has evolved. An eleven-hour online video library brings the Supreme Court’s most important decisions to life. Videos are enriched by photographs, maps, and audio from the Supreme Court. The book and videos are accessible for all levels: law school, college, high school, home school, and independent study. Students can read and watch these materials before class to prepare for lectures or study after class to fill in any gaps in their notes. And, come exam time, students can binge-watch the entire canon of constitutional law in about twelve hours.
Examines the Supreme Court case of 1803 that marked the first time that a law passed by Congress was found to be illegal according to the Constitution.
Tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state.