The Great Chief Justice
John Marshall and the Rule of Law
Charles F. Hobson
xvi, 256 pages, 6 x 9
American Political Thought
Paper ISBN 978-0-7006-1031-0, $15.95
SELECTION OF THE HISTORY BOOK CLUB
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.
"In this clear and concise work, Hobson challenges many
traditional assumptions about the nation's most famous chief
justice. He depicts John Marshall as 'a master of the law' who
consciously sought to separate the political from the legal."--Journal
of Southern History
"Learned, deft, concise, economical, and, appropriately
enough, judicious. A remarkably thoughtful appraisal."--Jack
N. Rakove, Virginia Magazine of History and Biography
"This splendid book illuminates the pragmatic and practical
side of Marshall's jurisprudence, helping us to understand how
this greatest of all American judges separated law from politics
without ever losing sight of the importance of constitutional
law and jurisprudence for the world of politics."--Kermit
L. Hall, author of The Magic Mirror: Law in American History
"No student of our legal history, lay or pro-fessional,
should miss this book."--Edwin M. Yoder, Jr., Washington
Post columnist
"A learned, lucid, and insightful work that will be welcomed
by a wide audience."--Noble E. Cunningham, Jr., author
of The Presidency of James Monroe
"Will become the standard work on Marshall."--Robert
Allen Rutland, author of James Madison and the American
Nation
CHARLES F. HOBSON is editor of The Papers of John
Marshall at the Institute of Early American History and Culture,
College of William and Mary. He has also served as coeditor of
The Papers of James Madison and as president of the Association
for Documentary Editing.
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