Part I summarizes Marbury’s statutory analysis. Part II picks up that summary and analyzes each of the three types of “deference” discussed in the Marbury opinion. Part III provides some concluding thoughts.
Marbury v. Madison
and the Concept of Judicial Deference,
81 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol81/iss4/11