Constitutional rules, constitutional standards, and constitutional settlement: Marbury v. Madison and the case for judicial supremacy.

From: Constitutional Commentary | Date: June 22, 2003| Author: | Copyright information

As we mark the 200th anniversary of Marbury v. Madison, (1) it should be noted that huge forests have been levelled and tons of ink spilled in analyzing, interpreting, and debating the merits of John Marshall's opinion in that case, and that the best forecast is to buy pulp and ink in the commodities market. The Marbury literature shows no signs of abating, and not just because of the spate of anniversary conferences and symposia. As other nations consider the merits of American-style judicial review--and as we ourselves, with every Supreme Court decision striking down legislation ...

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