Most of us who think about it know that the Supreme Court is the final word on whether or not laws or government actions are Constitutional. Most of us also figure that it was always that way.

Well....not quite!! Prior to the Marbury v. Madison decision, it was presumed that each branch of government would determine the Constitutionality of their own actions. Also, prior to the Marbury decision, the Supreme Court was a weak sister to the Executive and Legislative branches both in power and prestige.

This book does a terrific job of explaining the case and the implications of the decision. It also does a superb job of describing the politics and the personalities of the young government circa 1800.

The authors bring the times and the decision to life. John Marshall's role and genius are clearly in focus. The other players--Jefferson, Adams, Burr, Madison, Jay, et al--all appear and their roles are explained.

Although clear and well written, readers not already familiar with the era should probably begin with other books about the period. "Scandalmonger," Joseph Ellis' books, McCullough's "John Adams," or the like would be good places to start. But this is an excellent book for readers with an interest in early American politics.

This should be a Read for all americans, so they can see what the Constitution realy means to the people.

We are currently in the midst of a veritable flurry of books relating to John Marshall, his nationalizing decisions, and his development of robust judicial power. See, e.g., Richard Ellis's "Aggressive Nationalism" (also reviewed on Amazon). Several of these books focus on the Marbury v. Madison decision, which laid the cornerstone for Supreme Court judicial review, and so does this one. Since this topic has been covered so extensively in the Supreme Court literature, one does not expect much that is new in a current discussion. When I first read this book I was a bit put off because it seemed to have a lot of "filler," such as discussion of a Washington Birthday celebration, the John Adams presidency, and the selection and building of Washington, D.C. After a while the great virtue of this book dawned on me: the authors are quite excellent in setting the context of Marbury for the general reader, and that is the genesis of some of this tangential material. In other words, this is not the typical history of a Supreme Court case: a bit about the facts, heavy on the reasoning, and an analysis of where the decision fits into the body of constitutional law.

All the pertinent history is here and the tale is well told. One co-author is a former Supreme Court clerk; the other has written several outstanding books including the definitive study of Tommy the Cork (also reviewed on Amazon). While I have read scads of articles and books on Marbury, I found this treatment fresh and interesting. The authors really develop the human and political contexts behind the legal arguments which add a valuable dimension. The book also discusses briefly the related decision in Stuart v. Laird, which upheld the repeal of the Federalist Judiciary Act of 1801. Both decisions are included in appendices. In addition, the authors have attached a helpful "Epilogue" briefly tracing developments subsequent to the Court's decision. The book includes 14 pages of notes and a brief selected bibliography. While not a trail blazing work of scholarship, this is an interesting and valuable discussion of this most critical decision.