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- Title
JOHN MARSHALL AND FELIX FRANKFURTER: AN ICON AND A DISAPPOINTMENT?
- Authors
Nelson, William E.
- Abstract
This article shows how Chief Justice John Marshall first developed the doctrine of judicial restraint in Marbury v. Madison† to assure the public that the Supreme Court would not engage in politically oriented judicial review as colonial courts had in holding Parliament's 1765 Stamp Act unconstitutional. Justice Felix Frankfurter, in contrast, adopted judicial restraint differently--by reading the scholarship of James Bradley Thayer. This article also shows that Frankfurter did not abandon his commitment to judicial restraint when during his years on the bench it began to serve conservative purposes rather than the progressive purposes it had once served.
- Subjects
JUDICIAL restraint; FRANKFURTER, Felix, 1882-1965; MARSHALL, John, 1755-1835; GREAT Britain. Stamp Act (1765); JUDICIAL review
- Publication
Touro Law Review, 2024, Vol 39, Issue 3, p823
- ISSN
8756-7326
- Publication type
Article