The Great Chief Justice: John Marshall and the Rule of Law

by Charles F. Hobson

Book Overview

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,...

• Format: Paperback
• Language: English
• ISBN: 0700610316
• ISBN13: 9780700610310
• Release Date: September 1996
• Publisher: University Press of Kansas
• Length: 272 Pages
• Weight: 0.85 lbs.
• Dimensions: 0.8" x 6.1" x 9.1"

Customer Reviews

Excellent judicial biography

This is an excellent, accessible, readable judicial biography of our greatest Supreme Court justice. At the same time, it is a masterly exposition of Marshall's judicial philosophy and development by one of the greatest scholars of John Marshall, the editor of the Marshall papers (and also the James Madison papers). The book is essential for understanding Marshall's thought and his contributions to the nation. Places Marshall's writings and his judicial philosophy in their historical context, stripping away the anachronistic assumptions that mar much judicial discussion of the great Marshall opinions. I disagree with the previous reviewer's statement that only historians and lawyers can understand the book; it is accessible to general readers in my opinion.

This is how he did it.........

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.