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John Marshall's constitutionalism
In: SUNY series in American constitutionalism
Introduction : John Marshall and the Constitution -- Marbury and the construction of constitutional legitimacy -- McCulloch and the concept of constitutional sovereignty -- Ogden and the character of constitutional liberty -- The Native American trilogy and the idea of constitutional nationalism -- Summation : the legacy of Marshall's constitutionalism.
Unfit for Democracy: The Roberts Court and the Breakdown of American Politics
In: Social science journal: official journal of the Western Social Science Association, Band 55, Heft 3, S. 381-382
ISSN: 0362-3319
John Marshall, McCulloch v. Maryland, and the Concept of Constitutional Sovereignty
In: Perspectives on political science, Band 47, Heft 2, S. 65-77
ISSN: 1930-5478
John Marshall, Marbury v. Madison, and the Construction of Constitutional Legitimacy
In: Law, culture & the humanities, Band 15, Heft 1, S. 205-226
ISSN: 1743-9752
This study considers Chief Justice John Marshall's famous opinion in Marbury v. Madison (1803) as a vehicle for investigating contemporary interpretations of both John Marshall and the concept of constitutional legitimacy. In it, I examine how Marshall's opinion located legitimacy in several aspects of the Constitution, including its protection of rights, its embodiment of the consent of the governed, and its ability to organize and direct national politics. Thus, I suggest that Marshall offers a more comprehensive theory of constitutional legitimacy than many recent conceptualizations. Yet more than simply uniting existing approaches to constitutional legitimacy, I demonstrate that Marbury offers a unique theory of the Constitution's moral legitimacy as well. This analysis of Marbury invites a new appraisal of Marshall as not only a legal and political thinker, but also a constitutional theorist with a distinctive understanding of the American Constitution and its role in the early years of the republic.
John Marshall,McCulloch v. Maryland, and the Concept of Constitutional Sovereignty
In: Perspectives on political science, S. 1-13
ISSN: 1045-7097
The Political Origins of Religious Liberty
In: Perspectives on political science, Band 37, Heft 2, S. 114-115
ISSN: 1045-7097
Made with Words: Hobbes on Language, Mind, and Politics
In: Perspectives on political science, Band 37, Heft 3, S. 181-182
ISSN: 1045-7097
The Regensburg Lecture
In: Journal of church and state: JCS, Band 50, Heft 1, S. 163-164
ISSN: 0021-969X
The Regensburg Lecture
In: Journal of church and state: JCS, Band 50, Heft 1, S. 163
ISSN: 0021-969X