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Arguing Marbury v. Madison

Arguing Marbury v. Madison (Paperback)

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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.

LawJurisprudence & general issuesLegal historyLawLaws of Specific jurisdictionsConstitutional & administrative lawLawLaws of Specific jurisdictionsLegal system: generalCivil procedure, litigation & dispute resolution Publisher: Stanford University Press Publication Date: 09/08/2005 ISBN-13: 9780804752275  Details: Type: Paperback Format: Books
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Mark Tushnet is Carmack Waterhouse Professor of Constitutional Law at Georgetown University.

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