“Write an essay in which you briefly describe both the political context and legal issues in Marbury v. Madison (1803). How does Chief Justice Marshall use the case as an occasion for asserting and defending the Court’s power of judicial review? What arguments does Marshall make to support judicial review? In your view, do these arguments make sense? Why or why not? Finally, please respond, briefly, to this statement from Robert McCloskey about the case: “The decision is a masterwork of indirection, a brilliant example of Marshall’s capacity to sidestep danger while seeming to court it, to advance in one direction while his opponents are looking in another.” How should we evaluate what Marshall does in Marbury? Would you be inclined to admire it (why?), or criticize it (why?), or something in between.
[Obviously, your short paper cannot respond specifically to each question posed here. You will need to make some decisions about how the structure your response.]”
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