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John Marshall

The Chief Justice Who Saved the Nation

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1 of 1 copy available
1 of 1 copy available
A hero in America's war against British tyranny, John Marshall with his heroics as Chief Justice turned the Supreme Court into a bulwark against presidential and congressional tyranny and saved American democracy.
In this startling biography, award-winning author Harlow Giles Unger reveals how Virginia-born John Marshall emerged from the Revolutionary War's bloodiest battlefields to become one of the nation's most important Founding Fathers: America's greatest Chief Justice. Marshall served his country as an officer, Congressman, diplomat, and Secretary of State before President John Adams named him the nation's fourth Chief Justice, the longest-serving in American history. Marshall transformed the Supreme Court from an irrelevant appeals court into a powerful branch of government — and provoked the ire of thousands of Americans who, like millions today, accused him and the court of issuing decisions that were tantamount to new laws and Constitutional amendments.
And the Court's critics were right! Marshall admitted as much.
With nine decisions that shocked the nation, John Marshall and his court assumed powers to strike down laws it deemed unconstitutional. In doing so, Marshall's court acted without Constitutional authority, but its decisions saved American liberty by protecting individual rights and the rights of private business against tyranny by federal, state, and local government.
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    • Publisher's Weekly

      July 28, 2014
      One of the most illustrious members of the Founding generation, John Marshall attended Virginia’s ratifying convention, served in the state legislature and Congress, was a diplomat and Secretary of State, and ultimately became the nation’s most influential Chief Justice. He was also among the best-liked men of his time. But what Unger (Mr. President), a biographer of John Quincy Adams, Noah Webster, and George Washington among others, delivers is more hagiography than biography. To boot, he takes sides in the political conflicts of the early nation. Unger has it in especially for Marshall’s second cousin Thomas Jefferson. Among the “enemies of the federal government” of which he became president, Jefferson, author of the Declaration of Independence, “abandoned the Revolution,” built an “incongruously pretentious home,” had a “mean-spirited gossip” of a daughter, may have made near “treasonous” decisions as governor, wielded “all but dictatorial powers” as president, “unleashed his political attack dogs,” and “nurtured political divisions and chaos.” While its facts are straight, the book’s interpretation is extreme and offers nothing revelatory. Moreover, it lacks the authority of recent studies of Marshall by R. Kent Newmyer and Jean Edward Smith. Maps & illus.

    • Library Journal

      October 1, 2014

      In the "Federalist Papers," Alexander Hamilton called the courts "the least dangerous" branch of the proposed central government. John Marshall (1755-1835), chief justice of the Supreme Court from 1801 until his death, made the judiciary a coequal branch of government that could stand up to Congress and the president. Marshall was a strong leader on the court, pressing for unanimous decisions and few dissenting or concurring opinions and presiding over the landmark Marbury v. Madison decision. The chief justice asserted the right of the courts to declare laws unconstitutional--something British courts could not do--and repeatedly upheld broad powers for the federal government. Unger (The Last Founding Father) is very familiar with the founding fathers, having written about George Washington, Patrick Henry, James Monroe, and John Hancock. His research is heavy on primary sources. The author knows the period a little too well though, because he at times lapses into a history of the era rather than a life of Marshall. The subtitle is a bit misleading since the majority of the book is about Marshall before the Supreme Court. VERDICT Those interested in the founding fathers will appreciate this scholarly, accessible title. Legal-minded readers will want more.--Michael O. Eshleman, Bloomington, IN

      Copyright 2014 Library Journal, LLC Used with permission.

    • Booklist

      September 15, 2014
      After a sterling career as an officer in the Revolutionary War and as a Virginia politician, John Marshall was appointed by John Adams as chief justice of the Supreme Court. For Adams, defeated in his bid for reelection by Thomas Jefferson, this was the culmination of a last-ditch effort to pack the national court with Federalist-leaning judges. In his 35 years as chief justice, Marshall enhanced the power of the Supreme Court well beyond what Adams would have anticipated. Historian Unger offers a comprehensive account of Marshall's life and career that provides interesting insights into his personal qualities and political sympathies. Roughly half of the book covers Marshall's earlier career as a soldier and politician as well as his family life. But Unger is at his best covering the history-altering judicial activities of the court under Marshall, especially as the court clashed with the executive power of the Jefferson and Jackson administration. Unger's admiration for Marshall sometimes leads him to unfairly demean his opponents, especially Jefferson. Still, this is a well-done tribute to the man who made the judiciary a truly coequal branch of the national government.(Reprinted with permission of Booklist, copyright 2014, American Library Association.)

    • Kirkus

      August 1, 2014
      A cradle-to-grave biography of the U.S. Supreme Court's longest-serving chief justice. Independent scholar Unger (John Quincy Adams, 2012, etc.) treats the influential John Marshall (1755-1835) as a hero. He was a distinguished officer and an effective state leader in Virginia before studying law and being appointed to the Supreme Court at the beginning of the 19th century. Marshall would serve as chief justice for 35 years (a record tenure), establish the legitimacy of the Supreme Court and write decisions that solidified the primacy of the federal government over often resentful state governments. During Marshall's tenure on the court, the justices handed down nearly 1,200 rulings; Marshall served as the lead writer for more than 500 of those. His opinion in Marbury v. Madison (1803) set a precedent, never enumerated in the U.S. Constitution, that the Supreme Court possessed the power to declare an act of Congress unconstitutional. Since the court employed no police force, concern arose that its unpopular rulings would be ignored or would at least be unenforceable. Through his authoritative demeanor and easy way with his colleagues and others, Marshall exuded credibility, which in turn encouraged U.S. presidents to send federal troops if needed to enforce rulings. Unger chooses to present all aspects of Marshall's life, including his military heroism and his extraordinary devotion to a chronically ill wife and their children. As a result, Marshall's Supreme Court appointment does not occur until halfway through the biography. Though the narrative sometimes veers toward hagiography, it is well-researched, and the author is skilled at portraying the characters and viewpoints of Marshall's political friends and foes. Thomas Jefferson comes across as a stubborn, politically motivated and sometimes hypocritical man, and Unger employs the Marshall-Jefferson enmity effectively, adding tension to the narrative. A vigorous account of an influential American life.

      COPYRIGHT(2014) Kirkus Reviews, ALL RIGHTS RESERVED.

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