Tags » Marbury V. Madison

The Curve, The Constitution, And The Law

To be perfectly candid, I am happy that there are people in law schools and in the legal practice who do not apply themselves wholeheartedly.  The reason is that everything we do is on a curve.  527 more words

Harry Reid and the Real Nuclear Option: Bringing A Kiloton Yield to A Megaton Fight

By Greg Smith

Harry Reid may go down as the man who killed judicial review. By instituting what was known as the “nuclear option” he has begun a partisan arms race that should leave Republicans planning a response that would blunt both the ability of politicians to appoint loose constructionists, and judges to replace the Constitution with their personal opinions. 842 more words

Personal Freedom

"'Saying what the law is.' The Myth and Reality of Judicial Review," By Bruce P. Frohnen

This essay was authored by Professor Bruce Frohnen for Nomocracy in Politics.  

American judges and lawyers share a myth.  It is a powerful myth, a damaging myth, a myth that will not die.  2,214 more words

Essays And Reviews

Marbury v. Madison

Chief Justice John Marshall, appointed to the Supreme Court and as Secretary of State by President John Adams, established the basis for judicial review in… 214 more words

U.S. Constitution

The Supreme Court - When Personal Biases Get in the Way (Part 2 of 3)

The key component to remember about the Supreme Court is that it is run by humans. There are going to be instances where the Supreme Court gets it wrong and biases, rather than objective reasoning, gets in the way. 435 more words