Law Commons^™

The True Story Of Marbury V. Madison, David F. Forte

Law Faculty Articles and Essays

Though normally not friends of original intent or legal tradition, today's judicial "activists" like to trace their lineage back to the (purported) original judicial activist, to the great Chief Justice who was the first to persuade the Supreme Court to strike down a law of Congress.

According to this conceit, which is now the standard interpretation enshrined in countless histories and hornbooks, Marbury v. Madison was the breakthrough that demonstrated how truly powerful the judiciary could be. In this famous case, decided 200 years ago, Marshall supposedly showed that the Constitution is an elastic document or at least could be …

Who Was William Marbury?, David F. Forte

Law Faculty Articles and Essays

Of all the disappointed office seekers in American history, only William Marbury has been so honored as to have his portrait hung in the chambers of the United States Supreme Court alongside that of James Madison. The two titular protagonists to the Marbury v. Madison dispute had no idea that their original contretemps would ever find its way to litigation, let alone eventual mythic significance as the foundation stone of judicial review.

Marbury's Travail: Federalist Politics And William Marbury's Appointment As Justice Of The Peace, David F. Forte

Law Faculty Articles and Essays

This Article describes how Marbury, the youngest son of an impoverished remnant of a well-known family, elbowed his way to wealth and influence among the Maryland gentry. Further, this Article illuminates Marbury's choice between the two wings of the Federalist party in Maryland - the Hamiltonian elite and the Adams' loyalists - and how Marbury's partisan service brought him to a position earning Thomas Jefferson's disdain and rebuff. In the end, Marbury's appointment and rejection derived from the very different characters of John Adams and Thomas Jefferson.

John Locke And The Declaration Of Independence, Kenneth D. Stern

Cleveland State Law Review

In an article published in the Journal of the American Bar Association in 1949, Dean Clarence Manion, then Dean of the College of Law of the University of Notre Dame, stated, "It is misleading to attribute the philosophy of the Declaration (of Independence) to the writings of John Locke." Dean Manion feels that Locke implies that the rights of minority groups and even of individuals are subordinated to the dictates of the majority. Manion concluded that Jefferson's philosophy contrasts sharply with the Lockian creed. A more thorough examination of Locke's writings, however, tends to lead to the opposite conclusion.