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The Limits of Executive Discretion in John Marshall’s Constitutionalism

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Political Research Quarterly

Published online on

Abstract

Political Research Quarterly, Volume 79, Issue 3, Page 868-881, September 2026.
Current debates on presidential power hinge on whether discretionary actions may be constrained by either Congress or the Supreme Court. In a little-noted remark inMarbury v. Madison, John Marshall considers the Court’s power to review political matters ...