Wednesday, August 04, 2004

Marbury vs. Madison - Justice Marshall creates judicial review

For more detail on the case widely touted as creating the doctrine of judicial review of Congress, please see:

"The 200th Anniversary of Marbury v. Madison: The Reasons We Should Still Care About the Decision, and The Lingering Questions It Left Behind" by Joel B. Grossman, February 24, 2003 at findlaw.com

What's most interesting is how little this concept was used and mostly lay fallow until the twentieth century - and even then, mostly in the later half thereof. But the origin of the doctrine does make for interesting reading.

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