"Marbury vs. Madison" or "Chief Justice" Marshall vs. President Jefferson? The necessary historical and political re-reading of a mythical stop
Are you already subscribed?
Login to check
whether this content is already included on your personal or institutional subscription.
Abstract
Marbury v. Madison is not merely the case in which the U.S. Supreme Court establishes constitutional judicial review. It is also, if the historical and political context in which it is delivered is rediscovered, a significant step in the trial of strength between Chief Justice Marshall and President Jefferson. Restating the independence of the Judiciary, it is a response from federalist judges confronted with a major assault by a republican President and Congress, after the Revolution of 1800.
Keywords
- Constitutional Judicial Review
- John Marshall
- Thomas Jefferson
- Separation of Powers
- Independence of the Judiciary
