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Article
Judicial Review of Unenumerated Rights: Does Marbury's Holding Apply in a Post-Warren Court World?
Harvard Journal of Law and Public Policy (2005)
  • John C. Eastman
Abstract
Prepared to commemmorate the bicentennial of the Supreme Court's landmark decision in Marbury v. Madison, this article explores the limits of the original holding, its expansive interpretation in the 20th Century to claims of judicial supremacy, even exclusiveness, in constitutional interpretation, and the various theories that would support such claims. The article explores in some detail the particularly troubling claim of judicial power to create new, unenumerated rights when the Court itself has rejected the foundational, natural rights principles that would lend legitimacy to the enterprise.
Keywords
  • Supreme Court,
  • Marbury v. Madison,
  • Unenumerated Rights,
  • Judicial Supremacy
Disciplines
Publication Date
Summer 2005
Citation Information
John C. Eastman. "Judicial Review of Unenumerated Rights: Does Marbury's Holding Apply in a Post-Warren Court World?" Harvard Journal of Law and Public Policy Vol. 28 (2005)
Available at: http://works.bepress.com/john_eastman/18/