John Marshall: Writings (Library of America) |  | Author: John Marshall
Creator: Charles Hobson
Publisher: Library of America
Category: Book
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Media: Hardcover
Pages: 928
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Dimensions (in): 8.1 x 5.2 x 1.3
ISBN: 159853064X
Dewey Decimal Number: 340
EAN: 9781598530643
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Product 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
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| Customer Reviews:
John Marshall in the Library of America February 13, 2010
Robin Friedman (Washington, D.C. United States)
3 out of 3 found this review helpful
John Marshall (1755 -- 1835) served as the Chief Justice of the Supreme Court of the United States from 1801 to 1835. He left an indeliable imprint on the Court and on American institutions as he addressed the nature of the Federal government, the proper role of the Federal judicary, the relationship between the national and the state governments, the scope of Congressional and executive power, the sanctity of private property, the nature of the United States' relationship with the Indian tribes, and many other important matters. Chief Justice Marshall remains best-known for his decision in Marbury v. Madison (1801) rendered early in his tenure in which he found that the Supreme Court had the power, in an appropriate case, to rule an act of Congress unconstitutional. Many of Marshall's opinions remain required reading for law students. They have remainded studied and debated, followed and qualified, by generations of his judicial successors, by scholars, and by lawyers.
In one of the letters collected in this new Library of America volume of the writings of John Marshall, Marshall observes: "Law Reports can have but a limited circulation. They rarely gain admission into the libraries of other than professional gentlemen. The circulation of the decisions of the Supreme Court will probably be still more limited than those of the courts of the states, because they are useful to a smaller number of the probession." (Letter to Dudley Chase, February 7, 1817, LOA, page 387) With this obervation of the Great Chief Justice in mind, one might question the appeal to a broad readership of a large book consisting in good measure of Supreme Court opinions from the first third of the Nineteenth Century. Most legal opinions resist casual reading. In this instance, however, any skepticism about the volume is misplaced. Marshall's legal opinions and writings richly deserve their place in a series devoted to the best of American thought and American letters. Written in the early days of our country in days of unsettled precedents, Marshall's opinions have a teaching function. They were addressed not only to lawyers and parties in the specific cases before the Court, but also to the American people as Marshall set forth his understanding of the nature of the United States and its institutions in a period of high political turbulence.
For readers without background in law or in American history, Marshall's opinions will be intense,close reading, but they will repay the effort. Marshall's seminal legal decisions are included in this collection in a highly attractive format. The opinions include the opinion in Marbury v Madison (1801) mentioned above as well as the equally important decision in MuCulloch v. Maryland (1819) in which Marshall expounded upon the scope of Congressional power to legislate. Together with the Muculloch opinion, the volume includes a collection of articles Marshall wrote under a pseudonym to defend the decision against criticism from strong advocates of state's rights.
Many scholars see some of Marshall's greatest and most courageous writing in three opinions he wrote regarding the relationship between the United States, the States, and the Indian tribes: Johnson v. McIntosh (1823), Cherokee Nation v. Georgia (1831), and the famous opinion late in his career of Worcester v. Georgia (1832) in which Marshall tried to protect the lands of the Cherokee Nation from encroachment by the state and by settlers. These opinions established the foundation of Federal Indian law. Other Marshall opinions in this volume include, Dartmouth College v. Woodward (1819), Fletcher v. Peck (1810), Cohens v. Virginia (1821), Gibbons v. Ogden (1824), and Barron v. Baltimore (1833). In each of these opinions, Marshall writes forcefully about issues that remain fundamental to the nature of American government and legal values.
Early in his tenure as Chief Justice, Marshall presided over the trial for treason of the former vice-president of the United States under Thomas Jefferson, Aaron Burr. This volume includes Marshall's two rulings from this notorious case. In the first, Marshall ordered President Thomas Jefferson to turn over to Burr executive papers that Marshall believed were necessary for Burr's defense. In the second opinion, Marshall gave a detailed and narrow construction to prosecutions for treason under the Federal Constitution. As a result of his reading, Burr was acquitted. This decision was an act of judicial courage on Marshall's part. Marshall's technically close reading of the definition of treason in the constitution, and Burr's guilt of the offense, were controversial at the time and remain so.
Besides the judical opinions, this volume gives an overview of Marshall's entire career and of his life. Marshall served in the Revolutionary War, became a highly successful lawyer, and participated in the Virginia convention to ratify the Constitution. He became inextricably involved in national politics when he served as one of the three envoys President John Adams sent to France to try to attain peace in what became notorious as the "XYZ" affair. Marshall subsequently served in Congress, at the urging of George Washington and as Secretary of State under Adams before Adams appointed him late in his administration to the position of Chief Justice. Marshall had earlier declined proposed appointments as a Justice of the Supreme Court, and as Attorney General under Washington, among other positions. In 1804, Marshall wrote a five-volume biography of George Washington which he returned to repeatedly during his tenure on the Supreme Court and republished in a shortened, edited version in 1832. This LOA text includes a good selection from Marshall's Life of Washington. I was left wanting more. The volume also includes many letters from Marshall to his beloved wife Mary (Polly), to his friend and collegue on the Supreme Court, Joseph Story, and to many other correspondents. The volume offers a good total picture of Marshall's life and attainments on and off the bench.
Charles Hobson, the author of "The Great Chief Justice: Marshall and the Rule of Law" (1996) and of a comprehensive 12-volume edition of Marshall's papers edited this Library of America volume. The volume includes Hobson's detailed chronology of Marshall's life and his notes, which are more extensive than usual for the Library of America series. The chronology and notes provide necessary backround in understanding many of Marshall's documents. This volume of Marshall's writings is illustrative of some of the important thoughts and values that Americans have offered up in the areas of politics, law, and history. These writings dovetail and complement other volumes in the series which show American contributions to fiction, poetry, philosophy, and other matters. Readers interested in the American experience and in American thought will treasure this collection of writings by the Great Chief Justice.
Robin Friedman
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