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Constitutional Law

University of Richmond Law Review

1999

Marbury v. Madison

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The Government Of The Living-The Legacy Of The Dead, Jon C. Blue Jan 1999

The Government Of The Living-The Legacy Of The Dead, Jon C. Blue

University of Richmond Law Review

Akhil Amar has written a stunning book about what he calls "the high temple of our constitutional order"-the Bill of Rights. The temple metaphor is revealing, for it is evident throughout his book that Professor Amar views the Constitution as a sanctified structure, the use of which is to be determined by a holistic study of the original blueprints and the surviving comments of the long-dead architects. This characterization is complicated but not fundamentally changed by the fact that Amar's story is, as the subtitle of the book proclaims, one of "creation and reconstruction." The creation is that of the …