Renan Le Mestre

"Marbury vs. Madison" or "Chief Justice" Marshall vs. President Jefferson? The necessary historical and political re-reading of a mythical stop

  • Abstract

Informations and abstract

Keywords: Constitutional Judicial Review; John Marshall; Thomas Jefferson; Separation of Powers; Independence of the Judiciary.

Marbury v. Madison is not merely the case in which the U.S. Supreme Court establishes constitutional judicial review. It is also, if the historical and political context in which it is delivered is rediscovered, a significant step in the trial of strength between Chief Justice Marshall and President Jefferson. Restating the independence of the Judiciary, it is a response from federalist judges confronted with a major assault by a republican President and Congress, after the Revolution of 1800.

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