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Author: Charles F. Hobson
Publisher: University Press of Kansas
ISBN: 0700610316
Category : Law
Languages : en
Pages : 272
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Book Description
John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
Author: Charles F. Hobson
Publisher: University Press of Kansas
ISBN: 0700610316
Category : Law
Languages : en
Pages : 272
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Book Description
John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review. The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad. No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.
Author: Richard Brookhiser
Publisher: Basic Books
ISBN: 0465096239
Category : Biography & Autobiography
Languages : en
Pages : 336
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Book Description
The life of John Marshall, Founding Father and America's premier chief justice In 1801, a genial and brilliant Revolutionary War veteran and politician became the fourth chief justice of the United States. He would hold the post for 34 years (still a record), expounding the Constitution he loved. Before he joined the Supreme Court, it was the weakling of the federal government, lacking in dignity and clout. After he died, it could never be ignored again. Through three decades of dramatic cases involving businessmen, scoundrels, Native Americans, and slaves, Marshall defended the federal government against unruly states, established the Supreme Court's right to rebuke Congress or the president, and unleashed the power of American commerce. For better and for worse, he made the Supreme Court a pillar of American life. In John Marshall, award-winning biographer Richard Brookhiser vividly chronicles America's greatest judge and the world he made.
Author: Edward Samuel Corwin
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 300
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Book Description
Author: Edward S. Corwin
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 242
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Book Description
Author: Harlow Giles Unger
Publisher: Hachette UK
ISBN: 0306822210
Category : Biography & Autobiography
Languages : en
Pages : 384
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Book Description
A hero in America's war against British tyranny, John Marshall with his heroics as Chief Justice turned the Supreme Court into a bulwark against presidential and congressional tyranny and saved American democracy. In this startling biography, award-winning author Harlow Giles Unger reveals how Virginia-born John Marshall emerged from the Revolutionary War's bloodiest battlefields to become one of the nation's most important Founding Fathers: America's greatest Chief Justice. Marshall served his country as an officer, Congressman, diplomat, and Secretary of State before President John Adams named him the nation's fourth Chief Justice, the longest-serving in American history. Marshall transformed the Supreme Court from an irrelevant appeals court into a powerful branch of government -- and provoked the ire of thousands of Americans who, like millions today, accused him and the court of issuing decisions that were tantamount to new laws and Constitutional amendments. And the Court's critics were right! Marshall admitted as much. With nine decisions that shocked the nation, John Marshall and his court assumed powers to strike down laws it deemed unconstitutional. In doing so, Marshall's court acted without Constitutional authority, but its decisions saved American liberty by protecting individual rights and the rights of private business against tyranny by federal, state, and local government.
Author: John Marshall
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 516
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Book Description
Author: Robert Strauss
Publisher: Rowman & Littlefield
ISBN: 149303748X
Category : History
Languages : en
Pages : 281
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Book Description
Eighteenth- and 19th-century contemporaries believed Marshall to be, if not the equal of George Washington and Benjamin Franklin, at least very close to that pantheon. John Marshall: The Final Founder demonstrates that not only can Marshall be considered one of those Founding Fathers, but that what he did as the Chief Justice was not just significant, but the glue that held the union together after the original founding days. The Supreme Court met in the basement of the new Capitol building in Washington when Marshall took over, which is just about what the executive and legislative branches thought of the judiciary. John Marshall: The Final Founder advocates a change in the view of when the “founding” of the United States ended. That has long been thought of in one or the other of the signing of the Constitution, the acceptance of the Bill of Rights or the beginning of the Washington presidency. The Final Founder pushes that forward to the peaceful change of power from Federalist to Democrat-Republican and, especially, Marshall’s singular achievement -- to move the Court from the basement and truly make it Supreme.
Author: John Marshall
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 762
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Book Description
A collection of Marshall's constitutional opinions.
Author: John Marshall
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 828
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Book Description
Author: Edward Samuel Corwin
Publisher: Palala Press
ISBN: 9781356033744
Category :
Languages : en
Pages : 270
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Book Description
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