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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."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved
Excerpt from The Life of John Marshall: Volumes I and II, 1755-1801 In making these acknowledgments, I do not in the least shift to other shoulders the responsibility for anything in these volumes. That burden is mine alone. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
John Marshall (1755-1835) became the fourth chief justice of the U.S. Supreme Court despite having had almost no formal schooling and after having studied law for a mere six weeks. Nevertheless, Marshall remains the only judge in American history whose distinction derives almost entirely from his judicial career. During Marshall's nearly 35-year tenure as chief justice, he wielded the Constitution's awe-inspiring power aggressively and wisely, setting the Supreme Court on a course for the ages by ensuring its equal position in the triumvirate of the federal government of the United States and securing its role as interpreter and enforcer of the Constitution. Marshall's judicial energies were as unflagging as his vision was expansive. This four-volume life of Marshall received wide acclaim upon its initial publication in 1920, winning the Pulitzer Prize that year, and makes fascinating reading for the lawyer, historian, and legal scholar.
Here, Philip Bobbitt studies the basis for the legitimacy of judicial review by examining six types of constitutional argument--historical, textual, structural, prudential doctrinal, and ethical--through the unusual method of contrasting sketches of prominent legal figures responding to the constitutional crises of their day.
In 1958, Chief Justice Earl Warren claimed the Supreme Court had the exclusive power to interpret the Constitution and said its authority had been respected by the nation for 200 year. Even for Warren, it was a remarkable misstatement. Just how remarkable is the subject of The Last Democrats, the story of how four presidents, Jefferson, Madison, Jackson, and Lincoln - defeated claims of judicial supremacy, and how a fifth president, Franklin Roosevelt, lost everything they had gained. Drawing on letters, diaries, debates, and speeches, and filled with anecdotes that add color and drama, such as Lincoln's decision to issue an arrest warrent for Chief Justice Taney, the book recounts a largely forgotten history. The story begins in 1787 when a group of delegates to the Federal Convention gathered at Benjamin Franklin's home in Philadelphia to enjoy a csak of London stout and ale. In four months, this assembly of demi-gods, as Jefferson called them, created the first modern government run by the poeple. Popular sovereignty did not extend to the Court, but this book describes how the Framers made sure its power were limited. The story proceeds to the struggle between Jefferson and Chief Justice Marshall, including the decision in Marbury v. Madison that future courts used as a springboard in their rise to power. Jefferson said the Court twisted the Constitution like a piece of wax, and this book tells how he used impeachment proceedings to curb its power. The story continues with Jackson's refusal to enforce two Marshall rulings, followed by Taney's inflammatory ruling in Dred Scott v. Sanford that called blacks "an inferior class of beings." Lincoln openly defied Taney, but the practice of overriding election officials returned 30 years later as conservative judges blocked liberal efforts to institute social and economic reofrms. Progressives such as Teddy Roosevelt and Robert LaFollette attacked the rulings and paid dearly: Roosevelt was charged with "legalized terrorism" for opposing the courts, while LaFollette was called a Bolshevik, accused of flying the red flag. The Franklin Roosevelt chapter describes his court-packing plan and explains how one of his supporters, "Bolshevik Burt" Wheeler, led a mutiny against the plan in the Senate, where FDR was compared to Stalin, Mussolini, and Hitler. The Court claimed victory in the battle for supremacy in 1958, as presidents from Eisenhower to Bush stood by while the courts rewrote the Constitution on everything from school prayer to abortion, racial quotas, gay marriage, and the War on Terror. The book concludes with a discussion of the ideas that have been suggested to return the Court to the limited role envisioned by the Framers. -- from dust jacket.
This volume's essays reveal that the abolitionists' impact on United States law and the Constitution did not end with the Civil War. The immediate postwar Reconstruction amendments were both rooted in the radically anti-positivistic, natural rights philosophy long espoused by the radical political abolitionists. Implementing protection for black civil rights, however, proved much more difficult.