Judicial Review
The 1787 Project - A podcast by Justin Dyer
There is a story we tell about the development of judicial review that goes something like this: in Marbury v. Madison (1803), Chief Justice John Marshall established the doctrine of judicial review when he declared that an act passed by Congress was unconstitutional. The standard story isn't wrong so much as incomplete. The complicated history and background of Marbury shows how it emerged in a particular political context and was quite limited in its actual holding.