Abstract

http://ssrn.com/abstract=2003083
 


 



Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon


Keith E. Whittington


Princeton University - Department of Politics

Amanda Rinderle


affiliation 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

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Date posted: February 13, 2012  

Suggested Citation

Whittington, Keith E. and Rinderle, Amanda, Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon (February 10, 2012). Hastings Constitutional Law Quarterly, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2003083

Contact Information

Keith E. Whittington (Contact Author)
Princeton University - Department of Politics ( email )
Corwin Hall
Princeton, NJ 08544-1012
United States
609-258-3453 (Phone)
609-258-1110 (Fax)
HOME PAGE: http://www.princeton.edu/~kewhitt/
Amanda Rinderle
affiliation not provided to SSRN
Feedback to SSRN


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