Arguing Marbury V. Madison - (Stanford Law & Politics) by Mark Tushnet (Paperback)

About the Book

Designed to fill the need for an accessible introduction to Marbury and the topic of judicial review, this book presents the unique transcript of a reenactment of the argument of Marbury v. Madison, argued by constitutional scholars before a bench of federal judges. Following the transcript are essays on the case and its significance today.

Book Synopsis

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.

From the Back Cover

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.

Review Quotes

"Arguing Marbury v. Madison is an important contribution to the literature on Marbury v. Madison, and perhaps more importantly, to the history and jurisprudence of judicial review....[A]n intellectual "Jones" for any self-respecting Supreme Court junkie."--Law and Politics Book Review

About the Author

Mark Tushnet is Carmack Waterhouse Professor of Constitutional Law at Georgetown University.