“The case of the midnight judges” and multiple audience discourse: Chief Justice Marshall and Marbury V. Madison

Abstract

Rhetorical theory and criticism offer scant advice on approaching multiple audiences, despite that fact that much discourse addresses heterogeneous audiences. This analysis of Chief Justice Marshall's Supreme Court opinion in the case of Marbury v. Madison illustrates the use of separation and incorporation (a form of integration) in a multiple audience situation. It also offers insight on a landmark case in the development of our tripartite system of government.