Friday, June 29, 2012

Jay Cost argues that Roberts was playing a long game in the tradition of John Marshall in Marbury v. Madison, leveraging a decision in favor of the current administration in order to advance the long-term interests of the opposition party.  That would be more strikingly clever if John Marshall's political party, the embattled Federalists, hadn't been a dead letter inside of fifteen years after Marbury v. Madison.  Their shattered remnants eventually were absorbed by one of the Monroe-era factions of the other, dominant party, and most of their policy goals were left drying on the rack for decades afterwards.

In the long run, we are all dead.

(Sean Trende, whom Jay Cost used to work with, gets deeper into the history of Marbury v. Madison here

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