Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon
Keith E. Whittington
Princeton University - Department of Politics
affiliation not provided to SSRN
February 10, 2012
Hastings Constitutional Law Quarterly, Forthcoming
How important was Marbury v. Madison in American constitutional history? This article examines judicial, legislative and executive citations and legal commentary to show that Marbury did not enter the constitutional canon as the fountainhead of judicial review until the turn of the twentieth century. In doing so, it reveals the process by which historical memories are constructed and adds to our understanding about the diverse sources of judicial review in the early republic and the rhetoric of judicial authority.
Number of Pages in PDF File: 31
Keywords: Marbury, John Marshall, judicial review, constitutional canon, citationsAccepted Paper Series
Date posted: February 13, 2012
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