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Author: William E. Nelson Publisher: University Press of Kansas ISBN: 0700626409 Category : Law Languages : en Pages : 184
Book Description
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 was 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 was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was 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 behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation 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 rather 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, the use of 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 America and a richer understanding of Marshall’s foundational decision.
Author: William E. Nelson Publisher: University Press of Kansas ISBN: 0700626409 Category : Law Languages : en Pages : 184
Book Description
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 was 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 was both principled and pragmatic. He determined that while Marbury was justified in his suit, the law on which his claim was based was in conflict with the Constitution. It was 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 behind Marbury and explains why it is a foundational case for understanding the Supreme Court. He reveals how Marshall deftly avoided a dangerous political confrontation 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 rather 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, the use of 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 America and a richer understanding of Marshall’s foundational decision.
Author: Mark V. Tushnet Publisher: Stanford University Press ISBN: 9780804752275 Category : Law Languages : en Pages : 222
Book Description
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.
Author: Shane Mountjoy Publisher: Infobase Publishing ISBN: 1438103379 Category : Constitutional courts Languages : en Pages : 143
Book Description
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.
Author: Mark A. Graber Publisher: CQ Press ISBN: Category : Political Science Languages : en Pages : 440
Book Description
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.
Author: Lawrence Goldstone Publisher: Walker Books ISBN: 9780802717597 Category : History Languages : en Pages : 0
Book Description
In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court-neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history-Marbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has reverberated for more than two centuries, for the case introduced a principle ("judicial review") at the heart of our democracy: does the Supreme Court have the right to interpret the Constitution and the law. Acclaimed narrative historian Larry Goldstone makes this early American legal drama come alive for readers today as a seminal moment in our history, chronicling, as it does, the formation and foundation of the Supreme Court. But it has ever since given cover to justices, like Antonin Scalia today, who assert the Court's power over the meaning of the Constitution.That Marshall's opinion was also the very height of the judicial activism that Scalia, John Roberts, and their fellow conservatives deplore promises to be one of American history's great ironies.The debate began in 1801, and continues to this day-and in Lawrence Goldstone's hands, it has never been more interesting or relevant for general readers.
Author: David DeVillers Publisher: ISBN: 9780894909672 Category : Judicial review Languages : en Pages : 0
Book Description
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.
Author: Cliff Sloan Publisher: PublicAffairs ISBN: 0786744960 Category : History Languages : en Pages : 288
Book Description
Following the bitterly contested election between Adams and Jefferson in 1800, the United States teetered on the brink of a second revolution. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, it became evident that the new Constitution was limited in its powers. Change was in order and John Marshall stepped up to the challenge. The Great Decision 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. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and the evolution of our democracy.
Author: Steve Inskeep Publisher: Penguin ISBN: 014310831X Category : History Languages : en Pages : 450
Book Description
“The story of the Cherokee removal has been told many times, but never before has a single book given us such a sense of how it happened and what it meant, not only for Indians, but also for the future and soul of America.” —The Washington Post Five decades after the Revolutionary War, the United States approached a constitutional crisis. At its center stood two former military comrades locked in a struggle that tested the boundaries of our fledgling democracy. One man we recognize: Andrew Jackson—war hero, populist, and exemplar of the expanding South—whose first major initiative as president instigated the massive expulsion of Native Americans known as the Trail of Tears. The other is a half-forgotten figure: John Ross—a mixed-race Cherokee politician and diplomat—who used the United States’ own legal system and democratic ideals to oppose Jackson. Representing one of the Five Civilized Tribes who had adopted the ways of white settlers, Ross championed the tribes’ cause all the way to the Supreme Court, gaining allies like Senator Henry Clay, Chief Justice John Marshall, and even Davy Crockett. Ross and his allies made their case in the media, committed civil disobedience, and benefited from the first mass political action by American women. Their struggle contained ominous overtures of later events like the Civil War and defined the political culture for much that followed. Jacksonland is the work of renowned journalist Steve Inskeep, cohost of NPR’s Morning Edition, who offers a heart-stopping narrative masterpiece, a tragedy of American history that feels ripped from the headlines in its immediacy, drama, and relevance to our lives. Jacksonland is the story of America at a moment of transition, when the fate of states and nations was decided by the actions of two heroic yet tragically opposed men.
Author: William E. Nelson
Author: William E. Nelson
Author: Robert Lowry Clinton
Author: Mark V. Tushnet
Author: Shane Mountjoy
Author: Mark A. Graber
Author: Lawrence Goldstone
Author: David DeVillers
Author: Edward Samuel Corwin
Author: Cliff Sloan
Author: Steve Inskeep