As we approach the confirmation hearing for U.S. Supreme Court nominee Sonia Sotomayor, I?ve been reading a recent book about the case that made Supreme Court proceedings such a big deal: Marbury v. Madison.
As you might expect from a book co-authored by the former publisher of Slate and former chief of staff to John Kerry, The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court approaches with reverence the 206-year-old case establishing the concept of judicial review. Marbury v. Madison is essential to any case in favor of an activist judiciary.
Authors Cliff Sloan and David McKean also marvel at the political skills Chief Justice John Marshall exhibited when crafting his opinion in the case:
Now 47 years old and chief justice slightly more than two years, Marshall, the first justice to have served in all three branches of government, sought an opportunity to enhance the role of the Court and elevate it to the status of co-equal branch. He inherited and institution that was little more than a laughingstock, with no dignity or stature. ? Marshall had taken the first steps to forge a strong institution ? but he was looking for the chance to take a major leap.
Yes, there’s nothing quite like putting a calculating politician in a position that requires an impartial judge. Those calculations are far from the deliberations associated with the concept of originalism.
To their credit, Sloan and McKean offer an interesting history lesson, reminding the reader of the humble conditions the Supreme Court faced in the early 19th century (no building of its own, its justices doubling as circuit-court judges) and sharing amusing anecdotes. Local readers might enjoy the reference to John Marshall?s travails during one trip to the 700-person community of Raleigh.
The authors also do a fair job outlining the objections to Marshall?s Marbury ruling, including one paragraph in which they describe Thomas Jefferson?s synopsis of the various ways in which the ruling was wrong.
Regardless of your take on the Marbury ruling, you might appreciate learning more about the case?s history.
