The Activist: John Marshall, Marbury v. Madison, and the Myth of Judicial Review

The Activist: John Marshall, Marbury v. Madison, and the Myth of Judicial Review
by Lawrence Goldstone (Author), Robert Sams (Narrator)

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The Activist; John Marshall, Marbury v. Madison, and the Myth of Judicial Review, ISBN-13: 9780802717597, ISBN-10: 0802717594

Description #3 by BzOverstock:

DIVIn the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Courtneither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court historyMarbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has reverberated for more than two centuries, for the case introduced a principle ("judicial review") at the heart of our democracy: does the Supreme Court have the right to interpret the Constitution and the law. Acclaimed narrative historian Larry Goldstone makes this early American legal drama come alive for readers today as a seminal moment in our history, chronicling, as it does, the formation and foundation of the Supreme Court. But it has ever since given cover to justices, like Antonin Scalia today, who assert the Court's power over the meaning of the Constitution.That Marshall's opinion was also the very height of the judicial activism that Scalia, John Roberts, and their fellow conservatives deplore promises to be one of American history's great ironies.The debate began in 1801, and continues to this dayand in Lawrence Goldstone's hands, it has never been more interesting or relevant for general readers./DIVDIVDIVPIThe Activist/Ibegins with a telling quotation in which Justice Scalia concedes that the Supreme Court's power to pass judgment on the constitutionality of statutes was made . . . up (p. 1). Justice Scalia was referring to Marbury v. Madison, which Lawrence Goldstone offers as the seminal case in American jurisprudence (p. 2). Dr. Goldstone begins by sketching the background context of the Constitutional