Season 5, Episode 11 (Show 219): Marbury then, Mayhem now
March 12, 2025
As we probe the issues of the day, we somehow make our way back to an iconic case of the founding era, Marbury v. Madison, but not for the reasons you may think. Professor Amar shows how Marbury is surprisingly relevant and may find its way into Supreme Court briefs and arguments before you know it.
CLE Credit Available for this episode from podcast.njsba.com.
Our recent episodes on constitutional questions such as the unitary executive have looked at founding history, but less so the cases of the founding period. In this episode we take a look at one of the most famous cases of all, Marbury v. Madison. But this isn’t primarily a look at judicial review, but instead Marbury reveals itself, in Professor Amar’s hands, as a key administrative law case, with surprising relevance for, among other things, questions of presidential transition and unitary executive theory. How did a change of party in the White House lead to tension with an unpredictable, even rash, president? The answers will surprise you, and may be further explored in briefs in the Supreme Court case that is sure to come before long.
(LAWYERS AND JUDGES ARE ELIGIBLE FOR CONTINUING LEGAL EDUCATION CREDIT by visiting podcast.njsba.com after listening.)
Show Notes:
Sir John Fielding
The “Blind Beak” of Bow Street, as depicted in a work currently found in the National Portrait Gallery, London, and discussed in this episode.
It’s available for pre-order now, and Professor Amar would be thrilled if you obliged.
