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Article: Reflections upon judicial independence as we approach the bicentennial of Marbury v. Madison: safeguarding the constitution's "crown jewel".
- Article from:
- Fordham Urban Law Journal
- Article date:
- February 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Fordham Urban Law Journal. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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I. INTRODUCTION
By 1787, the Revolution had been won and a new, independent nation born. (1) But, the new nation had yet to clearly define a governmental structure to maintain the principles over which the Revolution was fought. Thus, when the fifty-five delegates to the Constitutional Convention assembled in Philadelphia in May of 1787, (2) they had the daunting task of fashioning a government that would protect the ideals that sparked the birth of the United States: freedom and the rule of law.
After five months of debate, controversy, and compromise, the Framers emerged with a document that would prove the most enduring constitution ever drafted. ...