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The Activist: John Marshall, Marbury v. Madison, and the Myth of Judicial Review
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Author
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Lawrence Goldstone.
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Publisher
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Walker
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Format
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hardcover
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Product Dimensions
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9.5
x
6.25
x
1
inches
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ISBN
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9780802714886
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Pages/Publication Date
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294/2008
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Daedalus Item Code
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21765
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This item is not available.
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Description
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"The author's voice is never far from the surface in this sprightly study of the circumstances surrounding the Supreme Court's epochal 1803 decision in Marbury v. Madison that declared an act of Congress unconstitutional. Chief Justice John Marshall's reasoning was laughable, [Lawrence] Goldstone says in characteristically unbuttoned language. Yet popular historian Goldstone, who has a Ph.D. in American constitutional studies, also has to acknowledge Marshall's statesmanship and political brilliance in his Marbury decision, a maneuver against the new Democratic-Republican president Jefferson by the Federalist Marshall. The result is a readable, if opinionated, tour of the origins of judicial review ... [and] a valuable review of a complex subject. It also has relevance for today, when, as Goldstone claims, originalist judges, in the name of adhering strictly to the words of the Constitution, use judicial review, which is not in the Constitution, to inconsistently strike down laws."—Publishers Weekly
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