more from Katha

James Baird jlbaird3 at yahoo.com
Wed Nov 8 15:42:05 PST 2000



> Madison v. Marbury, which gave the courts the power
> to invalidate
> Congressional enactments.

Actually, this is a common myth. M v. M was merely the first in a brilliant series of political manuvers by John Marshall. It survives in myth as "the decision that established judicial review" only because it was the first of many such manuvers. But it really took almost 30 years of the Marshall imprinting his personality on the institution for the concept of judicial review as we know it to be established.

I personally think that Marshall was the greatest pure politician of the founding generation. He took an institution that was almost an afterthought to the constitutional framers and, through carefully playing one faction against the other, placed it at the center of political life, in most people's minds transcending politics itself. Interesting guy...

Jim Baird

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