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eBook The Reign of Law: Marbury V. Madison and the Construction of America ePub

eBook The Reign of Law: Marbury V. Madison and the Construction of America ePub

  • ISBN: 0585360286
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With that said this book is not a critique of Marbury V. Madison, nor is it an historical look at the decision and its .

With that said this book is not a critique of Marbury V. Madison, nor is it an historical look at the decision and its consequences, instead this book looks into the theoretical underpinnings of this decision and how it changed this nation's political future. If we are a nation ruled by laws then each decision must connect to the original intent.

1 Marbury and the Historical Origins of the American Legal Imagination. Madison refuses to speak to a Court constituted by the Adams regime Save. The government of the United States has been emphatically termed a government of laws, and not of men. ¹ So the Supreme Court declared in 1803, in one of the earliest and still the greatest of constitutional law cases:Marbury v. Madison. What was emphatically termed in 1803 is now an article of faith.

The Reign Of Law book. Kahn centers his exploration on the 1803 Supreme Court case of Marbury v. Madison - still the greatest of our constitutional cases. Kahn shows that Marbury is the judicial response to President Thomas Jefferson's belief that his election represented a Second American Revolution. Kahn uses the confrontation between president and Court to analyze the contrasting ways in which the revolutionary and the legal imaginations understand and give shape to political events.

He shows us that law must be central to religious, anthropological, and philosophical studies of American life. In this ground-breaking book, Kahn uses modern cultural theory to investigate America's most profound political myth: the belief that the rule of law is rule by the people. Kahn explores the elements of the myth, the rhetoric of law that sustains the myth, and the world of meaning the myth creates. He shows us that law must be central to religious, anthropological, and philosophical studies of American life.

In this ground-breaking book, Kahn uses modern cultural theory to investigate America’s most profound political myth: the belief that the rule of law is rule by the people. Yale University Press.

Marbury v. Madison as the legal event central to understanding law’s rule For America, the events and conflicts surround. the defeat of Adams and the Federalists and the election of the Republicans and. Jefferson in 1800. Madison as the legal event central to understanding law’s rule. Marbury was the defining moment in the American experience for the rule of law. according to Kahn. For America, the events and conflicts surround.

The Reign of Law: Marbury v. Madison and the Construction of America. New Haven, CT: Yale University Press, 1997.

Kahn shows that Marbury is the judicial response to President Thomas Jefferson s belief that his election . 3. Description this book This is the first major work to apply to the rule of law the insights of modern cultural theory, ranging from Clifford Geertz to Michel Foucault.

Kahn shows that Marbury is the judicial response to President Thomas Jefferson s belief that his election represented a Second American Revolution. Starting from Thomas Paine s observation that "in America, law is king, " Paul Kahn asks: What are the elements of our belief in the rule of law?

The Reign of Law: Marbury v. New Haven: Yale University Press, 1997. Lawrence: University of Kansas Press, 2000

The Reign of Law: Marbury v. Lawrence: University of Kansas Press, 2000. Student-friendly study of the impact of the landmark Supreme Court case. ly/2oGocvX "A brilliantly innovative and provocative work of pathfinding dimensions. Â-Robert M. Ireland, Journal of the Early Republic"No scholar. ly/2oGocvX if you want to download this book OR. Recommended.

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In this book the author takes the reader through the historical and philosophical beginnings of the Supreme Court and the rule of law in the U.S. He does this by discussing one of the most important legal decisions in the Supreme Court's history which is Marbury v. Madison. By focusing on this decision the author shows how it wrested the authority of the "people" from the other branches of government and made the the Supreme Court the sole arbiter of the "people's" will in the U.S. Until then the battle between the elected representatives and the court had not been solved, and this decision helped to decide whether this nation was to be one ruled by law or democracy.

With that said this book is not a critique of Marbury V. Madison, nor is it an historical look at the decision and its consequences, instead this book looks into the theoretical underpinnings of this decision and how it changed this nation's political future. The author goes into the battle being raged by those like Jefferson who believed the people should the supreme decision makers and that elections should determine whether the nation was on the right path and what changes should be made. This was true democracy where the U.S. could change course on dime with a single sweeping election. His was a government truly responsive to the people against the federalist's ideas of a nation ruled by laws and not men. There's was to be a nation of the rule of law which no one was above. A country set on an historical path in which the present and future would always have link with its revolutionary past. This country was to be a chain with each generation being another link in a chain that in one direction lead to the beginning (the Constitution) and the other direction moving foward into the future, but this is all done on the abstract and theoretical level.

The main focus of this book is how this decision created continuity in the law. The Constitution becomes the interpreter of the Revolution instead of each successive generation. For Madison and Jefferson the court had no standing since it was, for them, simply another political actor which had been defeated in the election. This decision decided that the meaning of the Revolution was the creation of the Constitution and the rule of law that entailed, and since we became a nation ruled by laws the Constitution became the original link in the chain that anchors each successive generation. If we are a nation ruled by laws then each decision must connect to the original intent. The Supreme Court cannot be seen as just another political actor, but must ground every decision in either the original contitution or on decisions that have created precedents that connect to the Constitution. If the court was to completely break with precedent then they would sever their link with the original understanding of the Revolution in which case the rule of law breaks down. If there is no connection in any Supreme Court's decision with precedents or the Constitution then the question becomes why does their opinion take precedent over the elected representatives of the people?

The court has such high regard in this country today due to the fact that it is seen as a whole to be an apolitical organization. While each judge may have political leanings, the people believe that their judges leave this at the door and rely soley on their expertise and knowledge of the law and precedents that came before them. While each judge may have their own proclivities, each understands the importance of grounding their decisions on the past and creating new ground which is not their prerogative.

Khan's gift, in every book of his I have read, is in his imaginative capacity and his ability to convey very abstract ideas in a way that is easily accessible. This does not mean his books are easy reads. They require a lot of focus and attention. The reader will get out of this book exactly what he or she is willing to put into it. Understand that this book is abstract and deep which requires a lot from the reader, so be prepared to put forth the effort it requires and you will be rewarded. I recommend this book.