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The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court |  | Authors: Cliff Sloan, David McKean
Publisher: PublicAffairs
Category: Book
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Rating:  13 reviews
Media: Hardcover
Edition: 1
Pages: 288
Number Of Items: 1
Shipping Weight (lbs): 1.1
Dimensions (in): 9.3 x 6.2 x 1.2
ISBN: 1586484265
Dewey Decimal Number: 347.7312
EAN: 9781586484262
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| • | ISBN13: 9781586484262 | | • | Condition: NEW | | • | Notes: Brand New from Publisher. No Remainder Mark. |
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Product Description
In 1800, the United States teetered on the brink of a second revolution. The presidential election between Adams and Jefferson was a bitterly contested tie, and the government neared collapse. The Supreme Court had no clear purpose or power—no one had even thought to build it a courtroom in the new capital city. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, the fine words of the new Constitution could do nothing to stop him. It would take a man to make those words good, and America found him in John Marshall. The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state. Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America’s formative years and of the evolution of our democracy.
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| Customer Reviews:
Showing reviews 1-5 of 13
 A great book on the battle for the Supreme Court April 2, 2009
Jonathan Hayes (Los Angeles)
8 out of 8 found this review helpful
This is a great book if you love the Supreme Court and the history of our country. It is an entire book on Marbury v. Madison. I had no idea how close we came to making the Supreme Court a weak sister to Congress and the Executive Branch. The book details the Judiciary Act of 1801 which created a whole bunch of new judgeships (and Circuit Courts of Appeal) by the Federalist Congress right before John Adams left the presidency filling the new positions on his way out. The Republicans took over Congress and Thomas Jefferson, resenting the fact that the Federalists would control the judiciary for a long time, exhorted the now Republican Congress to repeal the Judiciary Act of 1801 and pitch out most of the so-called midnight judges. In the meantime, William Marbury sued the Secretary of State, James Madison, demanding that he be ordered to deliver the judicial commission. The suit was filed by Marbury in the Supreme Court because the Judiciary Act of 1791 authorized certain suits to be filed directly with the Supreme Court. Worrying about the courts getting too strong, Congress did repeal the Judiciary Act of 1801 and changed the Supreme Court "sessions" so that Marbury v. Madison could not be heard until Feb 1803. In the meantime, Stuart v. Laird was filed challenging the power of Congress to repeal the act which in effect removed 16 or so judges who had been appointed "for life" under the Act.
Given the incredible atmosphere, Marshall crafted an incredible decision striking down the portion of the 1791 Act giving the Supreme Court original jursidiction over certain actions. A few days later the Supreme Court, without Marshall who had recused himself since he was the trial judge (on Circuit) in the Stuart v. Laird trial, agreed with the Marshall lower court ruling that Congress had the power to repeal its act.
The book is easy to read and fascinating and I highly recommend it. I am a student of John Marshall and most books on him and the era are so heavily slanted to the constitutional law scholar that I wind up skimming much of the book. If you wants lots of heavy legal analysis, there are lots of law review articles you can read. If you want a sense of what was going on at the time, who the players were and how they interacted with each other in 200 pages, this is the book.
Jon Hayes [...]
Marbury, Marshall, and Jefferson Intersect April 14, 2009
Ronald H. Clark (WASHINGTON, DC USA)
3 out of 3 found this review helpful
We are currently in the midst of a veritable flurry of books relating to John Marshall, his nationalizing decisions, and his development of robust judicial power. See, e.g., Richard Ellis's "Aggressive Nationalism" (also reviewed on Amazon). Several of these books focus on the Marbury v. Madison decision, which laid the cornerstone for Supreme Court judicial review, and so does this one. Since this topic has been covered so extensively in the Supreme Court literature, one does not expect much that is new in a current discussion. When I first read this book I was a bit put off because it seemed to have a lot of "filler," such as discussion of a Washington Birthday celebration, the John Adams presidency, and the selection and building of Washington, D.C. After a while the great virtue of this book dawned on me: the authors are quite excellent in setting the context of Marbury for the general reader, and that is the genesis of some of this tangential material. In other words, this is not the typical history of a Supreme Court case: a bit about the facts, heavy on the reasoning, and an analysis of where the decision fits into the body of constitutional law.
All the pertinent history is here and the tale is well told. One co-author is a former Supreme Court clerk; the other has written several outstanding books including the definitive study of Tommy the Cork (also reviewed on Amazon). While I have read scads of articles and books on Marbury, I found this treatment fresh and interesting. The authors really develop the human and political contexts behind the legal arguments which add a valuable dimension. The book also discusses briefly the related decision in Stuart v. Laird, which upheld the repeal of the Federalist Judiciary Act of 1801. Both decisions are included in appendices. In addition, the authors have attached a helpful "Epilogue" briefly tracing developments subsequent to the Court's decision. The book includes 14 pages of notes and a brief selected bibliography. While not a trail blazing work of scholarship, this is an interesting and valuable discussion of this most critical decision.
Great Enlightment April 5, 2009
K. Rutledge (Little Rock, AR USA)
1 out of 2 found this review helpful
This book gives a real account of the behind the scenes action of the greatest case in US Constitutional history. As a retired state court judge and now teaching constitutional law to criminal justice students at Remington College in Little Rock, this book gives a new approach to teaching about the beginings of Constitutional Law in America. I enjoyed this book and can use it in my classes.
 A Worthy Read March 5, 2009
CSW
22 out of 22 found this review helpful
Attempting to shed light on one of the most important judicial decisions, "The Great Decision" is an easy read for those looking to gain a better understanding of early 19th century American politics. My biggest complaint, if you will, is that the coverage of the book wasn't exactly what the title depicted.
The authors spend most (at least 2/3) of their time discussing the election of 1800 and the tumultuous political atmosphere that followed. Marbury v. Madison was certainly an integral part of this early stage in American history, but the authors seem to focus upon the thoughts and actions of Jefferson, Adams, and--to some extent--Marshall. As the authors jumped from tangent to tangent, I often found myself wondering how a each interlude fit within the bigger picture. Sure, these were interesting anecdotes and somewhat entertaining, but I wondered if they were included only to fill up the 190 pages of the narrative, as they did little but reinforce what the authors already discussed.
The portions of the book that discussed the Marbury's trial, the decision-making process, and the actual decision, are EXCELLENT--this is what I was after in reading the book! The authors provide great organization and commentary of Marshall's opinion and provide a succinct and useful analysis of the decision's impact. The analysis included a few comments from current Justices, which provided a nice and relevant touch.
Notably, the authors provide a summary of the five core criticisms of the decision. This brief discussion opened my eyes to a new way of analyzing the decision; I only wish the authors would have spent a little more time discussing the critiques.
This book is certainly worth the read, but the first half (at least) seems to read like a more generic historical narrative of the "Revolution of 1800." With that said, I certainly appreciate the effort the authors gave in highlighting a case that, in my humble opinion, is far too under-appreciated.
How the Supreme Court Became the Supreme Court July 19, 2009
charles peterson (New Orleans, La/Keller, Tx)
3 out of 3 found this review helpful
Most of us who think about it know that the Supreme Court is the final word on whether or not laws or government actions are Constitutional. Most of us also figure that it was always that way.
Well....not quite!! Prior to the Marbury v. Madison decision, it was presumed that each branch of government would determine the Constitutionality of their own actions. Also, prior to the Marbury decision, the Supreme Court was a weak sister to the Executive and Legislative branches both in power and prestige.
This book does a terrific job of explaining the case and the implications of the decision. It also does a superb job of describing the politics and the personalities of the young government circa 1800.
The authors bring the times and the decision to life. John Marshall's role and genius are clearly in focus. The other players--Jefferson, Adams, Burr, Madison, Jay, et al--all appear and their roles are explained.
Although clear and well written, readers not already familiar with the era should probably begin with other books about the period. "Scandalmonger," Joseph Ellis' books, McCullough's "John Adams," or the like would be good places to start. But this is an excellent book for readers with an interest in early American politics.
Showing reviews 1-5 of 13
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