Marbury v. Madison and Judicial Review
Robert Lowry Clinton
xii, 332 pages, 6 x 9
Paper ISBN 978-0-7006-0517-0, $19.95
Few Supreme Court decisions are
as well known or loom as large in our nation's history as Marbury
v. Madison. The 1803 decision is widely viewed as having
established the doctrine of judicial review, which permits the
Court to overturn acts of Congress that violate the Constitution;
moreover, such judicial decisions are final, not subject to further
appeal.
Robert Clinton contends that few decisions have been more
misunderstood, or misused, in the debates over 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 book is without doubt one of the half dozen recent
works that will be central to the scholarly dispute about judicial
review."--Political Science Quarterly
"Clinton offers a resounding correction of the prevailing
orthodoxy on the Marbury case that has dominated scholarship
in law, history, and political science for roughly the last century.
. . . If he contended only 'that Marbury was not a political
decision but was based on sound constitutional doctrine and existing
legal precedent', this book would still make a quite valuable
contribution to the literature. . . . But there is more: the
constitutional doctrine and legal precedents Clinton has rediscovered,
in which the Marbury ruling is firmly grounded, reveal
judicial review to be . . . of profoundly narrower scope than
is admitted today by right or left, by originalists or nonoriginalists.
. . . Clinton has done [much] to blow away a good deal of fog
surrounding Marshall, Marbury, and the scope of judicial
power."--Review of Politics
"An important book. Clinton's new and unorthodox look
at Marbury v. Madison is interesting, provocative, and
controversial. He presents--clearly, forcefully, and persuasively--a
great amount of evidence to support his thesis."--Social
Science Quarterly
"Clinton's reconstruction of the legal academicians'
wrangling over Marbury makes delightful reading. . . .
He is witty, subtle, and makes points with great deftness."--William
and Mary Quarterly
"A coherent, provocative, and welcome challenge to the
liberal-Progressive interpretation of judicial review."--Journal
of American History
"This is one of the half dozen recent works that will
be central to the scholarly dispute about judicial review. It
will be widely read by law professors and political scientists
who teach constitutional law and by constitutional historians."--Martin
Shapiro, author of Who Guards the Guardians: Judicial
Control of Administration
"Every student of judicial review should read this book.
Even those who disagree with its main thesis will find it very
stimulating."--Christopher Wolfe, author of The
Rise of Modern Judicial Review: From Constitutional Interpretation
to Judge-Made Law
ROBERT LOWRY CLINTON is associate professor and director
of graduate studies in the department of political science at
Southern Illinois University and author of God
and Man in the Law: The Foundations of Anglo-American Constitutionalism.
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