In the popular history THE ACTIVIST: JOHN MARSHALL, MARBURY V. MADISON, AND THE MYTH OF JUDICIAL REVIEW, Lawrence Goldstone openly states his point of view about one of the most important Supreme Court decisions in history. Starting with the famous 1803 decision, Marbury v. Madison, which established judicial review, Goldstone takes the concept back to its raw political roots during the interregnum between Adams and Jefferson. Although the case itself was about a minor appointment, the ruling set an important precedent. Henceforth, the Court took upon itself the power to declare laws passed by Congress unconstitutional. As Goldstone traces the history of this idea and the role of John Marshall, he argues that the framers of the Constitution did not intend the Court to take on this function.

Traces the events surrounding and legacy of the 1803 legal decision regarding "judicial review" that ultimately gave the Supreme Court the right to determine how the Constitution and its laws are interpreted, in an account that argues that such power was never intended for non-elected officials in a check-and-balance system. 25,000 first printing.

Traces the events surrounding and legacy of the 1803 legal decision regarding "judicial review" that ultimately gave the Supreme Court the right to determine how the Constitution and its laws are interpreted, in an account that argues that such power was never intended for non-elected officials in a check-and-balance system. 25,000 first printing.