Podcasts | Constitutionally Speaking

Episode 46: Who Reviews: Marbury v. Madison and the Marshall Court

Detail of portrait of John Marshall by Henry Inman, 1832 (Wikimedia)

In this episode of Constitutionally Speaking, Jay and Luke discuss the origins of judicial review.

The Constitution itself does not contain any explicit instructions on how to resolve questions about the meaning of the text, or whether legislation is compatible with it. Early on in the republic, this was not a power originally vested in the court; instead, the president took this task upon himself. It was thanks to the political ingenuity of chief justice John Marshall that the court claimed this power — in what turned out to be the greatest triumph for Federalism.

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