PDF Download John Marshall and the Heroic Age of the Supreme Court
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John Marshall and the Heroic Age of the Supreme Court
PDF Download John Marshall and the Heroic Age of the Supreme Court
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Audible Audiobook
Listening Length: 24 hours and 2 minutes
Program Type: Audiobook
Version: Unabridged
Publisher: University Press Audiobooks
Audible.com Release Date: September 29, 2016
Whispersync for Voice: Ready
Language: English, English
ASIN: B01LYBIBFK
Amazon Best Sellers Rank:
This is no mere bio--it is a MAGISTERIAL analysis of our greatest Founding Father. I'd already read two other bios of Marshall, the first by Jean Edward Smith, and the second by Harlow Giles Unger--both quite good--but Newmyer is palpably better qualified than either to review the record of a legal giant. Reading this work of Newmyer's, I not only came to understand Marshall, I gained a greater understanding of the first 45 years of our constitutional republic. It is no easy read, but it's very rewarding.
Excellent but lengthy historical review of the defining of the Supreme Court in relation too the political and economic development in the early 1800's. Marshal as Chief Justice led a divided court similar today.
Great book professionally done.
Maybe I'm getting spoiled with the recent output of historical profiles that have the narrative quality of great fiction, like Caro's LBJ series, Chernow on Hamilton, and McCullough's books on our founding. Given that high bar, Newmyer's history of Marshall is a very difficult read.This book plods along. When discussing a principle the court dealt with Newmyer often makes it impossible to keep track of what year or even decade he's referring to, making it difficult to put the principles discussed into the proper context, especially political context. I also felt the book was very biased, glorifying his conservative nationalism without really defining why his brand of nationalism should be considered conservative rather than liberal or even non-ideological.This book would prove helpful in a Constitutional Law class discussing certain principles and their historical development, especially the rise of Corporations, but only with the guidance of a Professor who knows the era and Marshall's court well and only in small doses. I'm a sucker for books about our founding ideals and the history of our framers, but this was torture and with no obligation to finish this book, I finally gave up about ¾ of the way through, which I rarely do.
Interesting, thoroughly documented, balanced study of a key character in the evolution of American law. Recommended reading for any student of constitutional law--particularly federal judges!
Interesting book and interesting character, good state.
school assignment
Newmyer does a masterful work with his book `John Marshall and the Heroic Age of the Supreme Court'. This is more that just a standard history of John Marshall. Newmyer focuses on the legal nuances of Marshall's opinions and also the complexity of his mature jurisprudence during the development of the Supreme Court. The Supreme Court was then and is still today overshadowed more by Marshall than any other Justice. Marshall was the conservative nationalist who envisioned a theory of "Cooperative Federalism" between the States and the Federal Courts. He felt that the Constitution was not a code of laws but a written document that declared itself to be the supreme law of the land. He sought to keep constitutional questions, of a legal nature, the exclusive right of the Supreme Court and not left up to the States and the political parties of the day. This placed him at odds with Jefferson and would result in a decade long battle to make constitutional interpretation the business of lawyers and judges not politicians. Marshall feared localized states representative's potential abuse of power. He considered the Union to be in danger from states interpreting the Constitution with all their associated cultural localisms. Newmyer unfolds Marshall belief that "the states constitute parts of the Union; they are members of one great empire, sometimes sovereign, sometimes subordinate". His vision was to make the court a legal institution guided by legal interpretation and avoid politics. Combining this with fair-minded judges aided by time-tested rules of interpretation, to ascertain the meaning of constitutional language, would resolve every major national or states issue. Marshall's Supreme Court constitutional interpretation monopoly was not to be. Times and doctrines were to change or even evaporate away removing the Court from the center of government and placing it, not ahead, but competing along side the other government branches. Jefferson/Jacksonian democracy would prevail over Marshall's conservatism. However Marshall's stamp on American law would be forever made as well as his help in laying the foundation for the sound establishment of the Constitution.There is a lot to digest and consider in the book. Newmyer expects readers to start this book with a good base knowledge of the Constitution and other documents like the Judicial Act of 1789 etc. This was one area where I felt the footnotes could have helped and covered better. Newmyer does a great job in weaving Marshall's common sense straight-forward personality into this study. From judicial review down through contracts law, a picture of Marshall emerges. Here is the Federalist Statesman, Common-law Lawyer, Revolutionary Soldier, Lawyer-legislator, Ratifier of the Constitution and Virginia's son. Well worth reading and adding to the history shelf.
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