more from Katha

Justin Schwartz jkschw at hotmail.com
Wed Nov 8 16:36:35 PST 2000


We can get overrefined here. Yes, it was more complex than I said. I was talking to an anarchist who needed to start with the basics. He didn't want a lecture on early republican history. --jks


>From: James Baird <jlbaird3 at yahoo.com>
>Reply-To: lbo-talk at lists.panix.com
>To: lbo-talk at lists.panix.com
>Subject: Re: more from Katha
>Date: Wed, 8 Nov 2000 15:42:05 -0800 (PST)
>
> > 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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