Making a Mountain out of a Molehill - Marbury and the Construction of the Constitutional Canon

Authors

Keith E. Whittington
Amanda Rinderle

Abstract

This article challenges the notion that Marbury v. Madison was a critical case immediately after the Supreme Court issued its decision in 1803. The article performs an empirical analysis of the quantity and quality of citations invoking Marbury over the years to determine its importance and impact at various points in American history. Additionally, the article looks at how the case has been, and continues to be used by courts.

Recommended Citation

Keith E. Whittington and Amanda Rinderle, Making a Mountain out of a Molehill - Marbury and the Construction of the Constitutional Canon, 39 Hastings Const. L.Q. 823 (2012).
Available at: https://repository.uclawsf.edu/hastings_constitutional_law_quaterly/vol39/iss4/2