Marbury V. Madison and Judicial Review

Rating:
Summary: Modern Judicial Review?
Review: Clinton's study of the origins of judicial review is very interesting despite some major weaknesses. His attempt to understand what the Framers of the Constitution believed judicial review to be would be much stronger with more detail to the controversies raging within states just after ratification about judicial review. This is because he depends heavily upon his assertion that Marbury was consistent with the generally understood meaning of judicial review that the Framers shared. If there was no generally understood meaning about judicial review, then his hypothesis suffers a major blow.