(DOWNLOAD) "Judicial Review of Unenumerated Rights: Does Marbury's Holding Apply in a Post-Warren Court World?" by Harvard Journal of Law & Public Policy # eBook PDF Kindle ePub Free
eBook details
- Title: Judicial Review of Unenumerated Rights: Does Marbury's Holding Apply in a Post-Warren Court World?
- Author : Harvard Journal of Law & Public Policy
- Release Date : January 22, 2005
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 332 KB
Description
Last year law schools across the country celebrated the 200th anniversary of the Supreme Court's landmark decision in Marbury v. Madison, which firmly entrenched judicial review as a fundamental component of our constitutional system of government--so fundamental, in fact, that adorning the east wall of the Justices' dining room in the building that is home to the Supreme Court of the United States are portraits of William Marbury and James Madison, side-by-side, facing each other as if in eternal combat. (1) At Chapman Law School, where I teach, we marked the occasion with a re-enactment of the oral argument in the case. University of Southern California Law Professor Erwin Chemerinsky (who is now a member of the faculty at Duke Law School) and I were opposing advocates. Fifth Circuit Court of Appeals Judge Jerry Smith, of Hopwood v. Texas (2) fame, played the role of Chief Justice, while a combination of Chapman law students and undergraduate legal studies majors filled out the bench. Complete transcripts of the original oral argument are not available, of course, so we were able to exercise a little literary license to fill in the gaps. I was there to argue Madison's case, for example, when no one appeared on Madison's behalf during the original proceedings, and various executive and legislative branch officials would not even provide Marbury's lawyers with documentary evidence of his nomination, confirmation, appointment, and commission. (3) I appeared specially only to challenge the Court's jurisdiction, and I began the argument with a motion that the Chief Justice recuse himself; it was, after all, Marshall's own failure while still Secretary of State to deliver Marbury's midnight commission that generated the controversy in the first place.