The Great Chief Justice: John Marshall and the Rule of Law (American Political Thought)
| |||||||||||||||||||||||||||||
|
| |||||||||||||||||||||||||||||
| Sort customer reviews by: | |||||||||||||||||||||||||||||
|
Show All Reviews on Page
Hide All Reviews on Page
| |||||||||||||||||||||||||||||
| The Great Chief Justice: John Marshall and the Rule of Law (American Political Thought) | |||||||||||||||||||||||||||||
|
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. |
|||||||||||||||||||||||||||||
| Reader Reviews 1 - 2 of 2 | |||||||||||||||||||||||||||||
| Review Date |
Review Rating(5 High) |
Review Helpful to: |
Customer Review | Reviewer Info |
Permanent Link |
||||||||||||||||||||||||
| Reader Reviews Below Sorted by Newest First | |||||||||||||||||||||||||||||
| 08-20-07 | 5 | 1\1 |
| Reviewer | Permalink | ||||||||||||||||||||||||
|
John Marshall [1755-1835] was Chief Justice of the United States for the last 34 years of his life. During his long tenure, he turned the Supreme Court from an afterthought into a primary tool for the centralization of federal power; he defined America, though we can still debate whether he got the definition right. This book details how Marshall went about his task.....
This is NOT a biography of John Marshall [see my other reviews]; it is a series of case studies which trace the expanding power of the Federal Judiciary...Marbury v. Madison established the principle of Judicial review of legislative decisions...Virginia v. Cohens asserted federal authority in state affairs...the National Bank...land titles...Indian treaties......there is still disagreement over some of Marshall's decisions, and there was hell to pay over some of them at the time. "John Marshall has made his decision; now let's see him enforce it"...the various ramifications of that statement {which Andrew Jackson MAY not have ever made} are mind boggling.... Charles Hobson is editor of The John Marshall Papers, one of the 2 or 3 greatest living Marshall scholars, and a nice guy [as was Marshall]; he has written a five star book. Do I actually recommend it? Maybe. If you are an attorney or historian with an interest in the topic, it is an absolutely essential volume. Well written, well organized; for me, it was a page turner. For the casual reader, don't waste your money, or insult Mr. Hobson. You will need a good background in either Law [not me], or history [me] to understand it. (Review Data Last Updated: 2007-09-05 16:02:05 EST)
|
|||||||||||||||||||||||||||||
| 08-20-07 | 5 | 9\9 |
| Reviewer | Permalink | ||||||||||||||||||||||||
|
John Marshall [1755-1835] was Chief Justice of the United States for the last 34 years of his life. During his long tenure, he turned the Supreme Court from an afterthought into a primary tool for the centralization of federal power; he defined America, though we can still debate whether he got the definition right. This book details how Marshall went about his task.....
This is NOT a biography of John Marshall [see my other reviews]; it is a series of case studies which trace the expanding power of the Federal Judiciary...Marbury v. Madison established the principle of Judicial review of legislative decisions...Virginia v. Cohens asserted federal authority in state affairs...the National Bank...land titles...Indian treaties......there is still disagreement over some of Marshall's decisions, and there was hell to pay over some of them at the time. "John Marshall has made his decision; now let's see him enforce it"...the various ramifications of that statement {which Andrew Jackson MAY not have ever made} are mind boggling.... Charles Hobson is editor of The John Marshall Papers, one of the 2 or 3 greatest living Marshall scholars, and a nice guy [as was Marshall]; he has written a five star book. Do I actually recommend it? Maybe. If you are an attorney or historian with an interest in the topic, it is an absolutely essential volume. Well written, well organized; for me, it was a page turner. For the casual reader, don't waste your money, or insult Mr. Hobson. You will need a good background in either Law [not me], or history [me] to understand it. (Review Data Last Updated: 2008-11-17 03:09:20 EST)
|
|||||||||||||||||||||||||||||
| Reader Reviews 1 - 2 of 2 | |||||||||||||||||||||||||||||
| All Books | Arts | Biography | Click Here For An A-Z Index Of All 213 Best-Seller Subjects | Business | Children's | Comics | ||||||
| Computers | Cooking | Engineering | Entertainment | Health | History | Home | Horror | Humor | Law | Fiction | Medicine | Mystery |
| Nonfiction | Outdoors | Parenting | Professional | Reference | Religion | Romance | Science | Sci-Fi | Sports | Teens | Travel | |
