marbury v madison judicial review
He argues that the accepted view of Marbury is ahistorical and emerges from nearly a century of misinterpretation both by historians and by legal scholars. This attention to detail and definitions is not just the mark of a good writer, but of a good philosopher and rhetorician: Nelson understands that the first step to starting a discussion is to define the terms so that everyone is on the same page.
John Marshall’s Marbury v. Madison (1803) decision formulated the concept of judicial review, giving the judicial branch the final decision on the constitutionality of laws passed by Congress.
1). Email me at carolina@ carolinavonkampen.com. However, the book would benefit from more discussion of the shift of the courts and society that Nelson discusses in chapter seven regarding President Franklin Delano Roosevelt and the “redefinition of democracy.” The importance of the 1930s as the period when judges began to decide more and more on cases that were once considered political is intriguing, but we don’t learn enough about it in that chapter.
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