Episode Details

Almost everything in modern “constitutional law” is based on a myth that dates back to Chief Justice John Marshall and the 1803 case of Marbury v. Madison. According to the myth, Marshall not only CREATED the power of judicial review but also established judicial SUPREMACY – giving the courts ultimate authority over the other branches, the states, and even the people. In this episode, we smash that myth to pieces and reveal the true story behind Marbury.

Path to Liberty: February 24, 2025

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USCourts.gov

Lesson Plan – The Enduring Legacy of Marbury v. Madison (1803)

Paulsen – The Irrepressible Myth of Marbury

Did the Founders expect the Courts to Declare Laws Unconstitutional?

Alexander Hamilton – Federalist 78 (28 May 1788)

James Wilson – Pennsylvania Ratifying Convention (1 Dec 1787)

Samuel Adams – Massachusetts Ratifying Convention (1 Feb 1788)

Oliver Ellsworth – Connecticut Ratifying Convention (7 Jan 1788)

George Nicholas – Virginia Ratifying Convention (16 Jan 1788)

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