The Great Chief Justice: John Marshall and the Rule of Law (American Political Thought),New

The Great Chief Justice: John Marshall and the Rule of Law (American Political Thought),New

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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, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a 'science of law' richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review.The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad.No chief justice and only one associate justice (William Douglas) served longer on the Supreme Court. But, as Hobson clearly shows, Marshall's deserved place in the pantheon of great American jurists rests far more upon principles than longevity. This book better than any other tells us why that's true and worthy of our attention.

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Frequently Asked Questions

  • Q: What is the main focus of 'The Great Chief Justice: John Marshall and the Rule of Law'? A: The book primarily explores John Marshall's significant influence on American law and the judiciary, emphasizing his commitment to principled jurisprudence and the development of judicial review.
  • Q: Who is the author of this book? A: The author of 'The Great Chief Justice' is Charles F. Hobson.
  • Q: What condition is the book in? A: The book is listed as a 'Used Book in Good Condition'.
  • Q: How many pages does the book contain? A: The book contains 272 pages.
  • Q: When was 'The Great Chief Justice' published? A: The book was published on September 6, 1996.
  • Q: What is the binding type of the book? A: The book is available in paperback binding.
  • Q: Is this edition revised? A: Yes, this book is a revised edition.
  • Q: What category does this book fall under? A: This book falls under the category of Lawyers & Judges.
  • Q: What are some key themes discussed in the book? A: Key themes include the definition of judicial review, the balance of state versus national power, and Marshall's lasting impact on the American legal system.
  • Q: Does the book provide insights into John Marshall's personal life? A: Yes, the book offers insights into both John Marshall as a jurist and as an individual, providing a well-rounded perspective on his contributions to law.