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The Great Chief Justice
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 traditio...
The Great Yazoo Lands Sale
In 1795, the Georgia legislature sold the state's western lands (present-day Alabama and Mississippi) to four private land companies. A year later, amid revelations of bribery, a newly elected legislature revoked the sale. This book tells the story of how the great Yazoo lands sale gave rise to the 1810 case in which the Supreme Court, under Chief Justice John Marshall, for the first time ruled the action of a state to be in violation of the Constitution, specifically the contract clause. Truly a landmark case, Fletcher v. Peck established judicial review of state legislative proceedings, provided a gloss on the contract clause, and established the preeminent role of the Supreme Court in pri...
The Papers of John Marshall
Collected here are correspondence, papers, and legal documents--including selected judicial opinions--of American jurist John Marshall. Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court's fourth Chief Justice. In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench. The documents presented in these volumes--with introductory material and notes--shed light not only on Marshall's life and thought but on the evolution of American jurisprudence as well.
The Papers of John Marshall
Papers of John Marshall: Vol. VIII: Correspondence, Papers, and Selected Judicial Opinions, March 1814-December 1819
The Papers of John Marshall
Papers of John Marshall: Vol. VII: Correspondence, Papers, and Selected Judicial Opinions, April 1807-December 1813
John Marshall: Writings (LOA #198)
"It is emphatically the province and duty of the judicial department," John Marshall wrote in Marbury v. Madison, "to say what the law is." As its Chief Justice from 1801 to 1835, Marshall made the Supreme Court a full and equal branch of the federal government. In so doing, he joined Washington, his mentor, and Jefferson, his ideological rival, in the first rank of American founders. His legacy extends far beyond Marbury, which held for the first time that the Supreme Court has the power to declare acts of Congress unconstitutional. Under his leadership, the Court upheld the constitutionality of a national bank, established the supremacy of the federal judiciary over state courts and legisl...
The Papers of John Marshall
Collected here are correspondence, papers, and legal documents--including selected judicial opinions--of American jurist John Marshall. Revolutionary officer, congressman, and secretary of state before his appointment to the Supreme Court, Marshall served as the Court's fourth Chief Justice. In this capacity, he helped define the role of the Court and elevate its status, as he interpreted the Constitution from the bench. The documents presented in these volumes--with introductory material and notes--shed light not only on Marshall's life and thought but on the evolution of American jurisprudence as well.
The Papers of John Marshall
This twelfth volume of The Papers of John Marshall concludes the first scholarly annotated edition of the correspondence and papers of the great statesman and jurist. In providing an accessible documentary record of Marshall's life and legal career, this collection has become an invaluable scholarly resource for the study of American law and the Constitution in their formative stages. Volume XII covers the final years of Marshall's life, from January 1831 to his death in July 1835. It also includes an addendum of documents (mostly letters) from 1783 to 1829 that came to light after publication of their appropriate chronological volumes. More of Marshall's correspondence survives from his las...
The Papers of John Marshall
This volume continues the acclaimed annotated edition of the papers of Chief Justice John Marshall, the great statesman and jurist. The constitutional nationalism of the Marshall Court reached its peak in 1824 with Gibbons v. Ogden, in which Marshall broadly expounded the commerce clause while striking down New York's steamboat monopoly laws. By 1827, however, a crack in the nationalist consensus revealed itself in Ogden v. Saunders, a contract clause case that elicited Marshall's first and only dissent on a question of constitutional law. Marshall's active life outside the courtroom included work on two long-standing projects: revision of his Life of George Washington and preparation of an edition of Washington's correspondence. In his correspondence appearing in this volume, Marshall comments on such topics as the causes of the Revolution, the military history of the war, the social scene in Washington, the abolition of slavery, female education, and the novels of Jane Austen.
The Papers of John Marshall
This volume marks the continuation of the first annotated edition of the papers of John Marshall, the great statesman and jurist. The Supreme Court's most celebrated case during these years was Cohens v. Virginia (1821). What began as a prosecution for the sale of lottery tickets eventually brought forth a major statement on the scope and extent of federal judicial power from Chief Justice Marshall. Like McCulloch v. Maryland (1819), the Cohens decision provoked the wrath of the guardians of states' rights in Virginia. As his correspondence shows, Marshall was deeply concerned that the reaction to Cohens and other nationalizing decisions would translate into proposals to curb the Supreme Court's powers. Besides chronicling Marshall's judicial activities, this volume yields illuminating glimpses into his private interests and family life. When not sitting in court, Marshall was busy revising his Life of Washington and preparing an edition of General Washington's letters.
