31 Pages Posted: 13 Feb 2012
Date Written: February 10, 2012
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.
Keywords: Marbury, John Marshall, judicial review, constitutional canon, citations
Suggested Citation: 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: https://ssrn.com/abstract=2003083