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Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional CanonKeith E. WhittingtonPrinceton University - Department of Politics Amanda Rinderleaffiliation not provided to SSRN February 10, 2012 Hastings Constitutional Law Quarterly, Forthcoming Abstract: 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, citations Accepted Paper SeriesDate posted: February 13, 2012Suggested CitationContact Information
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