The concept of judicial review of the constitutionality of state and federal statutes by the Supreme Court is generally rested upon the epic decision in Marbury v. Madison. The controversies which have surrounded the exercise of this power by the Supreme Court require a periodic reexamination of the concept of judicial review at its source, the Marbury opinion. This article proceeds by examining the historical context in which the case arose and analyzes the opinion in terms of various alternative approaches which might have been utilized by Chief Justice Marshall. The specific holding of the case is isolated in contrast to later interpretation given it, and a collection of relevant historical materials is presented to lend insight into the constitutional viewpoints of the period.
The Duke Law Journal is published six times per year, in October, November, December, February, March, and April, at the Duke University School of Law. The journal is among the most prestigious and influential legal publications in the country. Edited by a student board, approximately one-third of each issue's contents consists of student notes dealing with current legal developments, with the remaining content being devoted to articles and comments by professors and practitioners. Generally one issue each year is devoted to administrative law and often another issue is in the form of a symposium.
Duke Law School was established as a graduate and professional school in 1930. Its mission is to prepare students for responsible and productive lives in the legal profession. As a community of scholars, the Law School also provides leadership at the national and international levels in efforts to improve the law and legal institutions through teaching, research, and other forms of public service. Although Duke University is young by comparison to other major American universities, its academic programs and professional schools together have attained an international stature and a reputation for quality and innovation that few universities can match. Among the Law School's unique strengths are an extensive network of interdisciplinary collaboration across the Duke campus and an emphasis in teaching and research initiatives addressing global and international issues.
This item is part of a JSTOR Collection.
For terms and use, please refer to our Terms and Conditions
Duke Law Journal
© 1969 Duke University School of Law
Request Permissions
