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- Title
Irreconcilable founders: Spencer Roane, John Marshall, and the nature of America´s constitutional republic.
- Authors
Pérez Alonso, Jorge
- Abstract
The article analyzes the relationship between founders Spencer Roane and John Marshall and their influence on constitutional interpretation in the United States. It highlights that Roane was an ideological adversary of Marshall and a defender of constitutional control over laws. It also mentions the mythification of Marshall and how this has overshadowed other judges, including Roane. A brief biography of Roane is presented, emphasizing his anti-federalist principles and difficult character. Additionally, a selection of his writings that refute Marshall's jurisprudence is included. The text also analyzes Roane's jurisprudence on slavery and his advanced vision of slave freedom, as well as his restrictive interpretation of federal powers and support for Presidents Jefferson, Madison, and Monroe. A criticism of the book's author is mentioned for his claim about the origin of constitutional control in Marbury v. Madison. On the other hand, a monographic study on administrative procedure conducted by Professor Míguez Macho is mentioned.
- Subjects
MADISON (Wis.); CONSTITUTIONAL law; EXECUTIVE power; FEDERAL aid; ADMINISTRATIVE procedure; JURISPRUDENCE; LITERARY criticism
- Publication
Revista de Administración Pública, 2022, Issue 217, p385
- ISSN
0034-7639
- Publication type
Article