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John Marshall and the Heroic Age of the Supreme Court

Author : R. Kent Newmyer
Publisher : LSU Press
Page : 681 pages
File Size : 15,21 MB
Release : 2007-04-01
Category : Law
ISBN : 0807149241

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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.

John Marshall and the Heroic Age of the Supreme Court

Author : R. Kent Newmyer
Publisher : LSU Press
Page : 549 pages
File Size : 19,63 MB
Release : 2007-04-01
Category : Law
ISBN : 0807132497

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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.

The Great Dissenter

Author : Peter S. Canellos
Publisher : Simon and Schuster
Page : 624 pages
File Size : 34,7 MB
Release : 2021-06-08
Category : Biography & Autobiography
ISBN : 1501188208

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"The definitive, sweeping biography of an American hero who stood against all the forces of Gilded Age America to fight for civil rights and economic freedom: Supreme Court Justice John Marshall Harlan"--

John Marshall

Author : Richard Brookhiser
Publisher : Basic Books
Page : 324 pages
File Size : 27,63 MB
Release : 2018-11-13
Category : Biography & Autobiography
ISBN : 0465096239

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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.

American Hero

Author : David Bruce Smith
Publisher : Brandylane Publishers Inc
Page : 43 pages
File Size : 50,2 MB
Release : 2013
Category : Biography & Autobiography
ISBN : 0985935863

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"John Marshall (1755-1835) was a good son, a kind older brother, a loving father and husband, and a dear friend to many. He was a soldier for the Revolutionary Army, a successful lawyer, a congressman, and Secretary of State. Most importantly, he was Chief Justice of the United States. As Chief Justice, John Marshall made the Supreme Court the strong and powerful body it is today."--Back cover.

A Chief Justice's Progress

Author : David Robarge
Publisher : Bloomsbury Publishing USA
Page : 401 pages
File Size : 44,90 MB
Release : 2000-02-28
Category : Law
ISBN : 0313030294

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Widely regarded as America's most important Chief Justice, John Marshall influenced our constitutional, political, and economic development as much as any American. He handed down landmark decisions on judicial review, federal-state relations, contracts, corporations, and commercial regulation during a thirty-four year tenure that encompassed five presidencies, a second war of independence, the demise of the first American party system, and the advent of Jacksonianism and market capitalism. This is the first interpretive study of Marshall's early life that emphasizes the formative influences on him before he joined the Court. By that time his character and attitudes were fully formed through his childhood in the Virginia gentry, his service in the state militia and Continental Army, and his work as a prominent lawyer, a Federalist, and a diplomat. Drawing heavily on Marshall's own writings, this study views his pre-Supreme Court life as a cumulative experience that formed the identity and value system that he brought to bear on his experiences as Chief Justice. Robarge examines Marshall's social and political education in the unique milieu of late 18th century Virginia for its own intrinsic interest, as well as for its relationship to his profound contribution to the Court. The events and situations that shaped Marshall's personality and attitudes directly influenced his leadership style. They also had a deep impact upon his efforts to establish an independent judiciary, to unify the nation through territorial expansion and a legal common market, and to revive the moribund Federalist party as a balance to the dominant Republicans led by the cousin he detested, Thomas Jefferson.

The Supreme Court Under Marshall and Taney

Author : R. Kent Newmyer
Publisher : Wiley-Blackwell
Page : 218 pages
File Size : 35,97 MB
Release : 2006
Category : Biography & Autobiography
ISBN :

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In preparing the long-awaited second edition of his well-liked text, Kent Newmyer consulted the best and most relevant of the recent scholarship on the antebellum Court, prompting him to revise important points in the story of the Court’s evolution. Nevertheless, the revised edition of the text retains the basic format and the conceptual premise of the original: the unique contributions of the Marshall and Taney courts taken together laid the foundation for the modern institution. Understanding the Supreme Court during its formative period provides useful insights into its continued (and hotly debated) involvement in shaping American society. Seminal cases that came before the Court, such as Marbury v. Madison and Dred Scott v. Sanford are examined in detail. Besides touting a thoroughly revised bibliographical essay, the second edition of The Supreme Court under Marshall and Taney includes an entirely new bank of illustrations and an index of important cases, making it perfect as supplementary reading for the U.S. history survey as well as courses in U.S. legal history and the history of the Early Republic.

The Great Chief Justice

Author : Charles F. Hobson
Publisher : University Press of Kansas
Page : 272 pages
File Size : 32,49 MB
Release : 1996-09-06
Category : Law
ISBN : 0700610316

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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.

Law and Judicial Duty

Author : Philip Hamburger
Publisher : Harvard University Press
Page : 712 pages
File Size : 14,48 MB
Release : 2008-11
Category : Business & Economics
ISBN : 9780674031319

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Hamburger traces the early history of what is today called “judicial review.” The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

Gibbons V. Ogden

Author : Herbert Alan Johnson
Publisher :
Page : 220 pages
File Size : 50,78 MB
Release : 2010
Category : Inland navigation
ISBN : 9780700617340

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Chronicles one of the most famous and frequently-cited cases of the early Supreme Court. Shows its impact on both commerce in the Early Republic and the understanding and growth of federal power during the past 200 years.