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Author: Charles F. Hobson
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 278
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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."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Charles F. Hobson
Publisher:
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 278
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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."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Author: Leonard Baker
Publisher:
ISBN: 9780025063600
Category : U.S. Supreme Court
Languages : en
Pages : 0
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Book Description
Comprehensive biography of John Marshall, soldier, lawyer, diplomat, and fourth Chief Justice of the United States.
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: R. Kent Newmyer
Publisher: LSU Press
ISBN: 0807132497
Category : Law
Languages : en
Pages : 549
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Book Description
John Marshall (1755--1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
Author: Joel Richard Paul
Publisher: Penguin
ISBN: 1594488231
Category : Biography & Autobiography
Languages : en
Pages : 514
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Book Description
A portrait of the influential chief justice, statesman, and diplomat illuminates his pivotal role in the establishment of the Constitution and Supreme Court and recounts his work as an advisor to multiple presidents.
Author: Thomas Shevory
Publisher: Praeger
ISBN:
Category : Biography & Autobiography
Languages : en
Pages : 200
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Book Description
This study draws on critical historical analysis and contemporary language theory to illuminate John Marshall's jurisprudence and political philosophy in new ways. It challenges both liberal and conservative views and it defines Marshall's constitutional interpretations, political ideology, and pragmatic interests anew. It shows how his pragmatism and republican revisionism impacted decisions about matters of property, contract, and debt. Legal scholars, political scientists, and historians interested in law and language, 19th-century history, and republicanism will find this study especially interesting.
Author: John Marshall
Publisher: National Geographic Books
ISBN: 159853064X
Category : Law
Languages : en
Pages : 0
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Book Description
"It is emphatically the province and duty of the judicial department," John Marshall wrote in Marbury v. Madison, "to say what the law is." As its Chief Justice from 1801 to 1835, Marshall made the Supreme Court a full and equal branch of the federal government. In so doing, he joined Washington, his mentor, and Jefferson, his ideological rival, in the first rank of American founders. His legacy extends far beyond Marbury, which held for the first time that the Supreme Court has the power to declare acts of Congress unconstitutional. Under his leadership, the Court upheld the constitutionality of a national bank, established the supremacy of the federal judiciary over state courts and legislatures in matters of constitutional interpretation, and profoundly influenced the economic development of the nation through vigorous interpretation of the contract and interstate commerce clauses. His major judicial opinions are eloquent public papers, written with the conviction that "clearness and precision are most essential qualities," and designed to inform and persuade the citizens of the new republic about the meaning and purpose of their Constitution. This volume collects 200 documents written between 1779 and 1835, including Marshall's most important judicial opinions, his influential rulings during the Aaron Burr treason trial, speeches, newspaper essays, and revealing letters to friends, fellow judges, and his beloved wife, Polly. It follows Marshall's varied career before becoming Chief Justice: as an officer in the Revolution, a supporter of the ratification of the Constitution, an envoy to France during the notorious "XYZ Affair," a congressman, and secretary of state in the Adams administration. The personal correspondence gathered here reveals the conviviality, good humor, and unpretentiousness that helped him unite the Court behind many of his landmark decisions, while selections from his biography of George Washington offer vivid descriptions of battles he fought in as a young man. Charles F. Hobson, editor, is the author of The Great Chief Justice: John Marshall and the Rule of Law. He is the editor of The Law Papers of St. George Tucker at the Omohundro Institute of Early American History and Culture and was the editor of The Papers of John Marshall. "A marvelous and much-needed single-volume collection of the writings of America's greatest Chief Justice, selected by the scholar who knows him best." -Gordon Wood, author of Empire of Liberty LIBRARY OF AMERICA is an independent nonprofit cultural organization founded in 1979 to preserve our nation’s literary heritage by publishing, and keeping permanently in print, America’s best and most significant writing. The Library of America series includes more than 300 volumes to date, authoritative editions that average 1,000 pages in length, feature cloth covers, sewn bindings, and ribbon markers, and are printed on premium acid-free paper that will last for centuries.
Author: John Marshall
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 802
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Book Description
Author: Jean Edward Smith
Publisher: Henry Holt and Company
ISBN: 1466862319
Category : Biography & Autobiography
Languages : en
Pages : 788
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Book Description
A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed." Working from primary sources, Jean Edward Smith has drawn an elegant portrait of a remarkable man. Lawyer, jurist, scholars; soldier, comrade, friend; and, most especially, lover of fine Madeira, good food, and animated table talk: the Marshall who emerges from these pages is noteworthy for his very human qualities as for his piercing intellect, and, perhaps most extraordinary, for his talents as a leader of men and a molder of consensus. A man of many parts, a true son of the Enlightenment, John Marshall did much for his country, and John Marshall: Definer of a Nation demonstrates this on every page.
Author: Leonard Baker
Publisher: Scribner Paper Fiction
ISBN:
Category : Law
Languages : en
Pages : 874
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Book Description
