Wednesday, February 25, 2009
Another new book on Marbury v. Madison, The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court by Cliff Sloan & David McKean.
Here’s a bit from the Kirkus Review:
"Former Supreme Court clerk and Slate publisher Sloan and veteran political aide McKean bring to life one of the most important legal cases in American history.... Sloan and McKean supply Marbury's historical context and unravel the complex fabric of personalities, politics and law that animated the case.... The authors' enthusiasm and clear prose vivify the contention that, as Marshall said, 'It is emphatically the province and duty of the judicial department to say what the law is.' A crisp, color examination of the case that established the formidable power of the federal judiciary."
Cliff Sloan also made a brief appearance on the Colbert show last night (February 24) to talk about the book and Marbury v. Madison. The short video might be good for class use and is available here. In the segment, Colbert remarks that judicial review is not in the Constitution and that the Court gave itself the power, calling Marshall the original activist judge.