Keith E. Whittington (Princeton University - Department of Politics) & Amanda Rinderle have posted Making a Mountain Out of a Molehill? Marbury and the Construction of the Constitutional Canon (Hastings Constitutional Law Quarterly, Forthcoming) on SSRN. Here is the 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.
Highly recommended. Download it while its hot!
