Louis Michael Seidman, "Online Alexander Bickel Symposium," SCOTUSblog (August 14, 2012).

Excerpt:

At the dawn of the American constitutional tradition, John Marshall wrote in Marbury v. Madison (1803) that “[q]uestions in their nature political . . . can never be made in this court.” He then proceeded to craft a brilliant political document that asserted sweeping power in the guise of self-abnegation and brazenly delegitimized his political opponents while artfully shielding himself from political retribution.

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