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Tory of how a rough cut frontiersman born in Virginia in 1755 and with little formal education invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation Without Precedent is the engrossing account of the life and times of this exceptional man who with cunning imagination and grace shaped America's future as he held together the Supreme Court the Constitution and the country itsel This is a page turner I love history but unfortunately most books are told like a textbook matter of fact and dry This one is a marvelously written account with a flowing narrative of Marshall’s ascent as a frontiersman to one of the longest serving Chief Justice This is a book I can give away to history buffs there’s still plenty to figure out about this great man I would definitely purchase the hardcover when it comes outAdvance print copy provided by the publisher The Millionairess the nation's preeminent lawyers and politicians who Elements of the Writing Craft then reinvented Me Tawk Funny the Constitution E.E. Cummings to forge a stronger nation Without Precedent is Judgment Day the engrossing account of Bumperhead the life and The Wondrous And True Story Of Christmas times of The Women on the Island this exceptional man who with cunning imagination and grace shaped America's future as he held Digital Painting, 37 Intermediate Tricks and Techniques together How to Keep a Sketchbook Journal the Supreme Court Let the Trumpet Sound: A Life of Martin Luther King, Jr. (P.S.) the Constitution and Me So Pretty! (Pretty Freekin Scary, the country itsel This is a page The Witchs Coven turner I love history but unfortunately most books are Supplementary Exercises for Introducing Biblical Hebrew by Allen P. Ross told like a Great Famine textbook matter of fact and dry This one is a marvelously written account with a flowing narrative of Marshall’s ascent as a frontiersman The Color of Night to one of What Preachers Never Tell You About Tithes & Offerings the longest serving Chief Justice This is a book I can give away Pulse (Frank Quinn, to history buffs Obsession there’s still plenty The Supreme Court and Puerto Rico to figure out about Simply Napkins this great man I would definitely purchase The Unconscious Civilization the hardcover when it comes outAdvance print copy provided by The Complete Tightwad Gazette the publisher

review Ù PDF, DOC, TXT or eBook ✓ Joel Richard Paul

Without Precedent

The remarkable story of John Marshall who as chief justice statesman and diplomat shaped the foundation of the United StatesNo member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall and no one did to preserve the delicate unity of the fledgling United States From the nation's founding in 1776 and for the next forty years Marshall was at the center of every political battle As Chief Justice of 35 Marshall was a self made man a cousin of Jefferson but his family had none of the wealth as Jefferson He was self taught well read and a man for whom the Union and it's perseverance meant everything He held different positions under various early Presidents and was the Chief Justice of the Supreme Court for decades He was integral to the making of the laws of our early countryA very interesting well researched book Reading with a group is always informative other opinions and place to get clarity for ones own thought I felt like I got to know Marshall the politician the man only by inference His private live his difficult family life with a wife he loved but who was sickly was mentioned only occasionally Would have liked further explanation there One can tell this author felt Douglas was an outstanding man he was not very complimentary about Jefferson Don't know the accuracy of this but will soon be reading about Jefferson soon so I expect his character will be revealedI learned much which how the early courts worked the cases they worked and the manipulation within the court It's interesting reading how our country developed politically in the early years and one soon learns that history keeps repeating itself It seems to be circular we get so far but then we seem to follow a familiar path round and round Catch and Release the foundation of Devils Paw (Imp, the United StatesNo member of America's Founding Generation had a greater impact on Canyons of Night (Rainshadow, the Constitution and All Tied Up the Supreme Court The Film Snob*s Dictionary than John Marshall and no one did In the Eyes of Crazy (Kontras Menagerie to preserve Tea Environments and Plantation Culture the delicate unity of 50 Hikes in the Adirondack Mountains the fledgling United States From Survive by the Team the nation's founding in 1776 and for Angels & Demons (Angels & Demons, the next forty years Marshall was at Washington! (Wagons West, the center of every political battle As Chief Justice of 35 Marshall was a self made man a cousin of Jefferson but his family had none of Tennessee! (Wagons West, the wealth as Jefferson He was self Celebration! (Wagons West, taught well read and a man for whom Texas! (Wagons West, the Union and it's perseverance meant everything He held different positions under various early Presidents and was I Know What You Bid Last Summer (Sarah Winston Garage Sale Mystery the Chief Justice of Revenge ni Miss Piggy the Supreme Court for decades He was integral Breakfast Book to The Librarian and the Spy (Librarian and the Spy Escapade the making of Day of Independence (Bad Men of the West, the laws of our early countryA very interesting well researched book Reading with a group is always informative other opinions and place A Bookmarked Death (Delhi Laine Mystery to get clarity for ones own Card Concepts thought I felt like I got Schadenfreude to know Marshall Emotional Victory the politician Still Life with Woodpecker the man only by inference His private live his difficult family life with a wife he loved but who was sickly was mentioned only occasionally Would have liked further explanation Bo Knows Bo there One can Gender and Food tell Radio Silence this author felt Douglas was an outstanding man he was not very complimentary about Jefferson Don't know Finer Women the accuracy of Knitting Sweaters from the Top Down this but will soon be reading about Jefferson soon so I expect his character will be revealedI learned much which how Dog Lady and the Cuban Swimmer: Two One-Act Plays the early courts worked Crazy Horses Girlfriend the cases Sisterhood Is Forever: The Women's Anthology for a New Millennium they worked and Hannah Has Two Mommies the manipulation within Child Support the court It's interesting reading how our country developed politically in 777 the Lost Blood the early years and one soon learns Know My Name that history keeps repeating itself It seems Abandoned Alice to be circular we get so far but Map My Heart then we seem Scandal to follow a familiar path round and round

Joel Richard Paul ✓ 4 Download

The United States the longest serving in history he established the independence of the judiciary and the supremacy of the federal Constitution and courts As the leading Federalist in Virginia he rivaled his cousin Thomas Jefferson in influence As a diplomat and secretary of state he defended American sovereignty against France and Britain counseled President John Adams and supervised the construction of the city of Washington DCThis is the astonishing true s Without Precedent Chief Justice John Marshall and His Times was an engrossing and meticulously researched biography of Chief Justice John Marshall appointed to the United States Supreme Court by President John Adams The author imparts the historical significance of Chief Justice Marshall's thirty four years on the Supreme Court and his impact on this new and struggling nation Joel Richard Paul stressed how Marshall saw the Constitution as a dynamic and fluid body of laws enabling America to go from a small agrarian economy to a modern industrial economy Paul portrays Marshall's early life in vivid detail contrasting his humble upbringing in the rural Blue Ridge Mountains with fourteen brothers and sisters while his cousin Thomas Jefferson was raised with wealth and privilege at Tuckahoe However this gave Marshall an appreciation for the common man that served him well throughout his life The other experience that shaped Marshall was his service in the Continental Army while in the ranks of Washington and Prussian officer Steuben Subseuent to attending William and Mary College to study law he had a daunting reputation for his practice of law and his oratory Serving in the Virginia House he became a strong and powerful voice in the shaping of this country Much of the second half of the book focuses on many of the landmark decisions of the Supreme Court under the guidance of Chief Justice John Marshall priding himself on the inordinate number of unanimous decisions that were handed down and still are an integral part of the fabric of this country and our body of law This was a most uniue look at this pivotal and most interesting period in American history Destiny had preordained that Marshall would struggle with Jefferson for the soul of the Union He accepted President Adams' nomination out of a sense of duty Marshall was committed to stand vigil over the principle of Federalism keep the country on the path of moderation and resist ideology with pragmatismAfter Jefferson finished speaking he stood with one hand on a Masonic Bible and the other hand raised to take the oath of office Standing opposite him to administer the oath of office was a familiar face John Marshall the chief justice of the United States and the man who administers the presidential oath of office History had predetermined their fateful collision Two cousins who had stood on opposite sides of every public issue for a generation now led two branches of the federal governmentIn less than two decades the Marshall Court had liberated the market from the constraints of monopolies and the heavy hand of state regulation It had guaranteed the sanctity of contracts and private property rights And it had empowered Congress to adopt national regulations that would harmonize state laws In so doing the Marshall Court helped create the conditions for free enterprise to flourish in the nineteenth centuryIt is tempting to contrast Marshall's life and legacy with Jefferson's Until Jefferson's passing they lived as mirror opposites for half a century in almost every way No Marshall biography can avoid taking sides in their conflicted relationship That is not to say that Marshall was always right or that Jefferson was always wrong Both were exceptional and entirely human They were flawed and sometimes they erred Yet both Marshall and Jefferson were indispensable to the founding of the Republic Orchard Street, Dawn the longest serving in history he established Stepbrother Dearest the independence of Mystery in Spiderville the judiciary and Spring the supremacy of Unknown (Anders Knutas, the federal Constitution and courts As A time for being human the leading Federalist in Virginia he rivaled his cousin Thomas Jefferson in influence As a diplomat and secretary of state he defended American sovereignty against France and Britain counseled President John Adams and supervised Stanley and the Women the construction of The Gene the city of Washington DCThis is The Empty Hand (The Snow Walker, the astonishing Seasons of Splendour true s Without Precedent Chief Justice John Marshall and His Times was an engrossing and meticulously researched biography of Chief Justice John Marshall appointed Stage Mum to A Village Affair / A Passionate Man / The Rectors Wife the United States Supreme Court by President John Adams The author imparts The Relate Guide to Sex in Loving Relationships the historical significance of Chief Justice Marshall's Salvage thirty four years on Thin Air (Jessica Shaw, the Supreme Court and his impact on Blue Book of Grown-Up Fairytales this new and struggling nation Joel Richard Paul stressed how Marshall saw Mo Hayder 2-Book Bundle the Constitution as a dynamic and fluid body of laws enabling America Broken Horse (Saddle Club, to go from a small agrarian economy Sarah Keys Back Sufferers Bible to a modern industrial economy Paul portrays Marshall's early life in vivid detail contrasting his humble upbringing in Will in the World the rural Blue Ridge Mountains with fourteen brothers and sisters while his cousin Thomas Jefferson was raised with wealth and privilege at Tuckahoe However Traitors Purse (Albert Campion Mystery this gave Marshall an appreciation for How Baking Works the common man The Birthday Party that served him well The Summer House throughout his life The other experience The Seance that shaped Marshall was his service in Crap Crimes the Continental Army while in Horse Tale (Saddle Club, the ranks of Washington and Prussian officer Steuben Subseuent The Best of Daughters to attending William and Mary College Unclaimed Experience to study law he had a daunting reputation for his practice of law and his oratory Serving in Wilfred Owen the Virginia House he became a strong and powerful voice in Indurain: La historia definitiva del mejor corredor del Tour de Francia (Córner) the shaping of The Inbetweeners Scriptbook this country Much of Out of Breath (Breathing, the second half of A Profound Secret the book focuses on many of Moby-Dick the landmark decisions of The Double Silence the Supreme Court under Enemies of Promise the guidance of Chief Justice John Marshall priding himself on Walking Nature Home the inordinate number of unanimous decisions Behind Bars that were handed down and still are an integral part of Walking For Fitness the fabric of Naked. Brucia in fretta, rompi le regole this country and our body of law This was a most uniue look at Dawn of Fear this pivotal and most interesting period in American history Destiny had preordained Francesca Caccini at the Medici Court that Marshall would struggle with Jefferson for Eagle & Birds of Prey the soul of Pony Club Weekend (Perfect Ponies, the Union He accepted President Adams' nomination out of a sense of duty Marshall was committed As Far as the Stars to stand vigil over Its OK to be Gay - Celebrity Coming Out Stories the principle of Federalism keep The Prague Cemetery the country on Drift Heat the path of moderation and resist ideology with pragmatismAfter Jefferson finished speaking he stood with one hand on a Masonic Bible and Katie Morag Of Course! the other hand raised 15 Minutes of Fame to Holy Fools take The Complete Idiots Guide to Twitter Marketing the oath of office Standing opposite him The Complete Idiots Guide to Glycemic Index Snacks to administer Freedom Hospital the oath of office was a familiar face John Marshall Dull Men of Great Britain the chief justice of Butcher, Blacksmith, Acrobat, Sweep the United States and The Making of Modern Medicine the man who administers Ad Women the presidential oath of office History had predetermined Oh! Calcutta their fateful collision Two cousins who had stood on opposite sides of every public issue for a generation now led In Another Time two branches of The Complete Idiots Guide to Starting and Running a Winery the federal governmentIn less Banker to the Poor than The Wheel of Fire and Other Stories two decades Reversing Diabetes in 21 Days the Marshall Court had liberated The Santas Gift the market from The Cat and Shakespeare the constraints of monopolies and Amrita Sher-Gil the heavy hand of state regulation It had guaranteed The Hobbit the sanctity of contracts and private property rights And it had empowered Congress Working Hard is Not Good Enough to adopt national regulations DC Comics: Anatomy of a Metahuman that would harmonize state laws In so doing Arts of Wonder the Marshall Court helped create The Good Daughter the conditions for free enterprise Jasmine Summer to flourish in Simply Sensual (Simply, the nineteenth centuryIt is Frank Gehry tempting The Wake to contrast Marshall's life and legacy with Jefferson's Until Jefferson's passing Ethics they lived as mirror opposites for half a century in almost every way No Marshall biography can avoid The Discovery of Insulin taking sides in Swimming Pool Sunday their conflicted relationship That is not Scottish Exodus to say Antonia White that Marshall was always right or The Untouchable that Jefferson was always wrong Both were exceptional and entirely human They were flawed and sometimes A Word Child they erred Yet both Marshall and Jefferson were indispensable Alan Titchmarshs Fill My Stocking to Fill My Stocking the founding of Things That Matter the Republic


10 thoughts on “Without Precedent

  1. says:

    35 Marshall was a self made man a cousin of Jefferson but his family had none of the wealth as Jefferson He was self taught well read and a man for whom the Union and it's perseverance meant everything He held different positions under various early Presidents and was the Chief Justice of the Supreme Court for decades He was integral to the making of the laws of our early countryA very interesting well researched book Reading with a group is always informative other opinions and place to get clarity for ones own thought I felt like I got to know Marshall the politician the man only by inference His private live his difficult family life with a wife he loved but who was sickly was mentioned only occasionally Would have liked further explanation there One can tell this author felt Douglas was an outstanding man he was not very complimentary about Jefferson Don't know the accuracy of this but will soon be reading about Jefferson soon so I expect his character will be revealedI learned much which how the early courts worked the cases they worked and the manipulation within the court It's interesting reading how our country developed politically in the early years and one soon learns that history keeps repeating itself It seems to be circular we get so far but then we seem to follow a familiar path round and round


  2. says:

    With his previous bestselling history Unlikely Alies covering the alliance between France's Beaumarchais and the Continental cause's Silas Deane Professor Joel Richard Paul has ably set a high regard and standard for himself as a budding historian In covering the life of one of the most influential Supreme Court Justices of the Early Republic and Modern era Paul has managed to use his own judicial expertise in breaking down the finer points of Marshall’s contributions This is no easy task and he undoubtedly accomplishes it as he composes a timeline of his subject’s life from his birth in a cabin on the Virginia frontier at the dawn of revolutionary discontent to his final well fulfilled demise in 1835 with the shadows of disunion approachingThat’s not to say that Without Precedent is devoid of flaws as the negative bias towards Marshall’s second cousin and nemesis Thomas Jefferson takes a front seat throughout the pages While the end of the book is full of new insight on rarely discussed court cases and positions taken by the Chief Justice it almost feels like the highlights and true takeaways from the rest of the book involve Marshall’s feuds slights and disagreements with Jefferson and the Anti Federalists over the issue of whom indeed should be steering the Early Republic Whether discussing the hypocrisy of slavery or even the announcement of Marshall as envoy to France on the heels of the XYZ Affair the antipathy towards Jefferson is always unmistakable When Jefferson learned that the third commissioner would be his meddlesome cousin Marshall he surely must have grimaced Jefferson could not have been happy that President Adams would send any staunch Federalist to France—even though Adams had first asked Jefferson and Madison to go—but Marshall was a particularly offensive choice to Jefferson Marshall after all had championed Jay’s Treaty supported Washington’s neutrality policy and opposed Genet And from Jefferson’s perspective Marshall did not know his proper place in the worldNonetheless the biography is still full of relevant material and profound research that even the most adamant Jefferson apologist can appreciate and gain from Marshall’s background is in all cases intriguing and monumental having grown up without gentility and education yet fighting alongside the likes of Washington and Aaron Burr at Valley Forge all the while becoming a self taught lawyer father and coping to understand a chronically depressed wife If the reader can manage to set aside the party politics portion of the book they will have come away with a thorough understanding of an outstanding figure—one who’s history and accomplishments still stand as a pillar to our present times Read the Full Review and More


  3. says:

    In my years of reading American history I have always found biographies of the Founding Fathers of greatest interest to me Not only were these men full of grit and determination in the face of their British oppressors but their decisions proved to be some of the most important for the new America many of which are still held firmly in the political system today While the Fathers worked to create the central document of rules and limitations—The US Constitution—this was only part of the rules that would govern the country for over two centuries Joel Richard Paul effectively argues throughout this tome that the Rule of Law was central to a strong republic and no man helped shape that legal tenet than John Marshall soldier politician diplomat and long serving Chief of the United States Supreme Court Paul’s detailed biography not only helps the reader better understand early America but also its growth through important legal and political decisions that came from the Court Not only was Marshall an essential part of early American jurisprudence but his ability to create conformity amongst the Justices of the Court proved not only that he was persuasive in his positions but also worked to show the American public that the law can—and should—supersede political divisions Paul’s thoroughness in presenting much of Marshall’s life serves not only to educate the reader but help provide a better understanding of America’s early steps toward being a country based on an enshrined set of laws Paul spends the first half of the book laying the groundwork for the great legal career of John Marshall Unlike some modern men those who would one day be given the moniker Founding Fathers seemed to have many important positions in colonial America After laying some of the groundwork of Marshall’s ancestry—where the reader discovers that Marshall and Thomas Jefferson were second cousins—the narrative turns to a brief discussion of the Revolutionary War where Marshall served in the Continental Army under General Washington Marshall may not have been a war hero in the most conventional sense but his understanding of the political goings on and the legal ramifications of the colonies’ desire to secede would prove valuable in the years to come Working to help craft some aspects of the constitutional documents Marshall used some of his legal abilities to ensure that the new Republic would not be left on shaky ground Proving himself not only to be a sharp legal mind Marshall was sent to France to help broker deals to solidify American allies while Britain was still seen as the enemy to much of the European countries While stationed there Marshall developed some strong social friendships which Paul posits may have been his way of forgetting the family he left back in America Marshall’s persuasive ways were not able to cement long lasting agreements with France but did help earn him his first formal position in the new American Government John Adams who followed Washington to the position of President of the United States offered Marshall the coveted position of Secretary of State This Cabinet post in its original form held prestige than it does today euating to a uasi presidential role for America on the world stage With open animosity still present with Britain and a yet to be buttonholed France Marshall utilised his abilities to strengthen America’s position on the world scene amongst the European superpowers During this time America began to show some early signs of strain within its own borders Divisions between key Founding Fathers saw two political parties emerge the Federalists and the Republicans While both labeled as right of centre by the author Federalists held strong traditional views with the country as a whole serving as the base unit of decision making while Republicans sought ongoing change for Americans and saw the state as the political unit in this new country Clashes would ensue and vilification of those on the other side of the divide proved to be a regular game As Adams saw his presidential power waning with the constant attacks by Thomas Jefferson he chose to offer Marshall one of the most powerful positions possible that of Chief Justice of the US Supreme Court Marshall waffled for a time as the Court was seen as a weak body on which no man wanted to serve for long That said there was the chance to shape the Court and interpret many of the new laws being drafted and implemented by the state and federal governments Marshall did acuiesce taking the position in hopes that he could make something of it How little he knew of what was to come in the decades that followedMarshall seemed to come into his own after his appointment to the Supreme Court even though he was hesitant to accept the role from the outset Marshall saw the work as difficult and taxing but also was able to utilise his sharp mind to interpret laws effectively laying the groundwork for major legal decisions some of which still hold firm Paul has aptly named this biography for many of the decisions that Marshall made or others on the Court wrote were without any form of precedent—the idea of a previous court ruling that could be used as the foundation of a judicial decision—thereby allowing forcing? the Court to forge into new territory Paul does delve into a small discussion of the perspective that Marshall had for the Court an active or interpretative judicial branch which was substantiated by the comments of others Some saw Marshall leading the Court to read things into laws or the US Constitution that may not have been present thereby creating new laws or unintended interpretations Others argued that Marshall simply followed what was in the law and forced the lawmakers to be bound by what they had passed in their legislative assemblies Either way Paul argues effectively that Marshall saw the Constitution has a ‘living tree’ or always evolving which may help the reader and historians better understand some of his interpretations of legal matters Through the latter portion of the biography Paul develops the narrative of Marshall as head of the Court deciding many important cases that would help shape the young Republic including states rights private land rights legal entitlement of the Indigenous read Indian at the time population slavery and the limits of Executive Power Numerous cases are listed throughout the narrative some with great backstories to help the reader better understand those cases that made their way before the Court and how Marshall sought to interpret them Interspersed within the cases Paul develops the historical setting and changes of presidents some of whom admired Marshall’s work while others sought to vilify him Marshall remained on the Court for over thirty years and while holding the judicial and executive branches of government apart could be seen to inject the odd comment into the goings on that shaped America One aspect that historians and biographers can only ponder and not substantiate is the number of unanimous decisions that came from the Court Marshall may have started with numerous other Federalist justices but that number waned the longer he remained on the Court However the staggering amount of unanimous decisions seemed to continue As an aside for those who are not aware discussions of the US Supreme Court justices when they meet in conference to decide cases are neither public nor are they documented for historical review Therefore it is all a mystery as to how Marshall might have developed so many strong minded legal scholars to come together on hundreds of cases When Marshall could no longer ignore his health concerns he was forced to leave the Court having served his country for decades As with many men of the time his decline was swift and he left an indelible mark on American history As Paul effectively argues no matter one’s political stripe the country mourned the loss of John Marshall who served as the compass for the Union leading up to some of the most tumultuous times that would befall the immature RepublicJoel Richard Paul provides a thorough and educational biography of John Marshall permitting the reader to better understand this man who shaped early America through his dedication and attention to detail Paul develops a strong and chronological narrative that permits the reader to see just how varied Marshall’s life came to be and how he put his all into every job he was assigned As with many other biographies of the Founding Fathers change was ever present and the evolution of the country occurred with each decision made Marshall found himself in the middle of most of it be it as a soldier diplomat cabinet secretary and Supreme Court Justice His ideas sought not only to shape the new country but also proved useful in helping to build a foundation of a country that was seeking to differentiate itself from its past colonial oppressors the British Paul offers some great detail in his narrative but also leaves many aspects of the story open for interpretation or future exploration It is apparent that a detailed analysis of Marshall’s legal decisions could take up an entire volume as could fleshing out of the early years that Marshall lived before he emerged on the battlefield for the Continental Army Of interest to some will be Paul’s exploration in the latter portion of the final chapter of the lives of the two cousins Marshall and Thomas Jefferson How diametrically opposed the two men could be yet how uintessential they were to the advancement of the Republic Paul has done a wonderful job here and leaves the reader wanting which tends to happen for those who love the era and enjoy a variety of perspectives Highly recommended for those with the patience to delve into this biography which mixes politics history and legal matters in eual measureKudos Mr Paul for such a wonderful piece of work I can only hope that I locate some of your other work soon to better understand other topics that you have taken the time to synthesiseLovehate the review? An ever growing collection of others appears at Book for All Seasons a different sort of Book Challenge


  4. says:

    Without Precedent Chief Justice John Marshall and His Times was an engrossing and meticulously researched biography of Chief Justice John Marshall appointed to the United States Supreme Court by President John Adams The author imparts the historical significance of Chief Justice Marshall's thirty four years on the Supreme Court and his impact on this new and struggling nation Joel Richard Paul stressed how Marshall saw the Constitution as a dynamic and fluid body of laws enabling America to go from a small agrarian economy to a modern industrial economy Paul portrays Marshall's early life in vivid detail contrasting his humble upbringing in the rural Blue Ridge Mountains with fourteen brothers and sisters while his cousin Thomas Jefferson was raised with wealth and privilege at Tuckahoe However this gave Marshall an appreciation for the common man that served him well throughout his life The other experience that shaped Marshall was his service in the Continental Army while in the ranks of Washington and Prussian officer Steuben Subseuent to attending William and Mary College to study law he had a daunting reputation for his practice of law and his oratory Serving in the Virginia House he became a strong and powerful voice in the shaping of this country Much of the second half of the book focuses on many of the landmark decisions of the Supreme Court under the guidance of Chief Justice John Marshall priding himself on the inordinate number of unanimous decisions that were handed down and still are an integral part of the fabric of this country and our body of law This was a most uniue look at this pivotal and most interesting period in American history Destiny had preordained that Marshall would struggle with Jefferson for the soul of the Union He accepted President Adams' nomination out of a sense of duty Marshall was committed to stand vigil over the principle of Federalism keep the country on the path of moderation and resist ideology with pragmatismAfter Jefferson finished speaking he stood with one hand on a Masonic Bible and the other hand raised to take the oath of office Standing opposite him to administer the oath of office was a familiar face John Marshall the chief justice of the United States and the man who administers the presidential oath of office History had predetermined their fateful collision Two cousins who had stood on opposite sides of every public issue for a generation now led two branches of the federal governmentIn less than two decades the Marshall Court had liberated the market from the constraints of monopolies and the heavy hand of state regulation It had guaranteed the sanctity of contracts and private property rights And it had empowered Congress to adopt national regulations that would harmonize state laws In so doing the Marshall Court helped create the conditions for free enterprise to flourish in the nineteenth centuryIt is tempting to contrast Marshall's life and legacy with Jefferson's Until Jefferson's passing they lived as mirror opposites for half a century in almost every way No Marshall biography can avoid taking sides in their conflicted relationship That is not to say that Marshall was always right or that Jefferson was always wrong Both were exceptional and entirely human They were flawed and sometimes they erred Yet both Marshall and Jefferson were indispensable to the founding of the Republic


  5. says:

    This is yet another book that while focused primarily on John Marshall compares the legacies Marshall with his political rival Thomas Jefferson Both men made essential contributions to the early republic And like every other historian I have read in this author’s assessment Marshall was the better manJoel Richard Paul studied at Amherst College the London School of Economics Harvard Law School and the Fletcher School of Law and Diplomacy He teaches international economic law foreign relations and constitutional law at the University of California Hastings Law School serving as the Associate Dean at the time of publication He provides an astute analysis of John Marshall’s greatest cases and does not hesitate to point out instances when Marshall “was no purer than his contemporaries” Yet he clearly finds much to admire about John MarshallAs he notes in his introductionNone of the founding generation of American leaders had a greater impact on the American Constitution than John Marshall and no one did than Marshall to preserve the delicate unity of the fledgling republicThis was done by a man whose only formal education was one year of grammar school and six weeks of law school Yet this self taught man went on to exhibit not only a wide ranging erudition but a sense of honesty and decency that won over even those who began as his opponents The exception of course was the intractable Jefferson who saw Marshall as standing in the path of Jefferson’s control of all branches of government Marshall’s special forte was the art of compromise which he employed both as a diplomat in France and on the court which he led for thirty four years longer than any other chief justice More critically he single handedly established the court’s importance and supremacy in American lifeMarshall was born on September 24 1755 in Germantown Virginia the eldest of fifteen children His mother was a first cousin of Thomas Jefferson’s mother but the families were not close Because of a scandal involving Marshall’s maternal grandmother the Marshall side of the family was disinherited and Jefferson’s family got most of the wealth As Paul observesAs a result Thomas Jefferson grew up at Tuckahoe with five hundred slaves There he enjoyed enormous privilege and wealth His cousin John Marshall and his fourteen siblings grew up on the frontier working the stony soil on their father’s modest farmPaul avers that Marshall grew up without resentment; rather he moved fluidly between classes and had the confidence to believe he could elevate his station Unlike Jefferson who grew up with education advantages and was groomed for leadership Marshall had to rely on determination and self invention His upbringing also provided him with compassion than Jefferson and a generous and humane nature Paul opinedThough Marshall belonged to the party of elites he practiced republicanism in his everyday life By contrast Jefferson preached democracy but lived like the European aristocrats he despisedp 235”Jefferson in Marshall's view as Paul contends “lacked genuine empathy and embodied precisely the kind of elitism that he attacked in theory He could never be trusted to act in the interests of the nation” When President John Adams nominated Marshall to be Chief Justice right before he ceded the presidency to Thomas Jefferson “the Supreme Court was regarded as nothing than a constitutional afterthought”Jefferson and the Republican Congress wanted to emasculate the judiciary and took numerous steps only some of which were successful to do so But by the time Marshall’s tenure ended in 1835 he had “elevated the dignity of the Supreme Court as the final arbiter of the Constitution’s meaning”Importantly Marshall was able to win over the other justices on the court even those appointed by Jefferson specifically to oppose Marshall Paul posits that Marshall’s collegiality as well as “sheer personality and intellect” won over “even the most resolute colleague”How he did this and sometimes he acted less than exemplary in his efforts to outwit the attacks on judicial independence and rule of law by Thomas Jefferson and later Andrew Jackson is the subject of Paul’s book Paul tells the story mostly through an explication of the cases that came before the court because the fact was that many of them represented competing visions of power between Jefferson and MarshallI was especially surprised to learn about Marshall’s sneaky manipulation in seminal cases like Marbury vs Madison but I believe as Marshall seems to have done that the end justified the means In any event Marshall was no less sneaky and manipulative than Jefferson but Marshall in my view was often on “the side of the angels”Paul informs us that prior to Marshall’s tenure each justice issued his own individual opinion seriatim Marshall thought that the Court’s authority would be persuasive and the law clarified if he could forge a single decision on behalf of the entire Court Thus during his thirty four years as chief justice Marshall personally wrote 547 opinions Of these 511 were unanimousIt is important to note the irony that Marshall a “founding father” rejected a strict construction of the Constitution and insisted on interpreting it as a living document that responded to the needs and demands of a growing nationMarshall made a number of courageous decisions that inspired a great deal of enmity in his detractors such as clearing Aaron Burr of treason charges in 1807 This charges were pushed forward by President Jefferson for the principal reason that Burr was a powerful political enemy But the penalty for treason was death and there was a total lack of evidence against BurrWhile Paul is generally willing to expose Marshall’s warts he gives him a pass when it comes to slavery Paul writesMarshall was not free of racial prejudice and he did enjoy the comforts that his household slaves provided to him Marshall’s attitude toward African Americans was paternalistic He viewed his slaves as family members who needed his guidance and support It appears that Marshall treated his slaves humanely and on at least one occasion he paid for a doctor to care for a slave woman who was ill”In his conclusion he repeats the assertion that Marshall had a “generous and humane relationship with his slaves p 437This seems to me to be a uite specious argument Can you be “humane” toward someone you hold in ownership house in your basement trade like baseball cards at a cattle market and buy and sell at your whim? Okay so maybe you don't use a whip and don't use rape should that be touted as laudatory? I would accept less horrible perhaps but not humanePaul Finkelman writing in Supreme Injustice Slavery in the Nation’s Highest Court Harvard 2018 contends that biographers are reluctant to tarnish the picture of “our greatest chief justice” But Marshall’s relationship with slavery was an important influence on his jurisprudence and therefore deserves closer scrutinyMarshall accumulated than 150 slaves in his lifetime while also giving around seventy slaves to two of his sons When he died Marshall did not arrange to free any of his slaves unlike some other prominent Virginians in his time including George Washington No evidence remains as to how he actually treated his slaves But we can learn something from his jurisprudence Finkelman argues It was hostile to free blacks and surprisingly lenient to people who violated the federal laws banning the African slave trade” Finkelman at 34 For Marshall serving on the court Finkelman argues “slaves were another form of property subject to litigation” Finkelman cites John Marshall in his “Memorial To the General Assembly of Virginia” December 13 1831 available in Papers of Marshall 12127 contending that free blacks in Virginia were worthless ignorant and lazy and that they were “pests” that should be removed from the state” Finkelman at 51It is truly tragic that Marshall felt this way for he might have made a difference As Marshall said in his opinion exonerating Burr and acknowledging the unpopularity of the rulingThat this court dares not usurp power is most true That this court dares not shrink from its duty is not less true No man is desirous of placing himself in a disagreeable situation No man is desirous of becoming the peculiar subject of calumny But if he have no choice in the case if there be no alternative presented to him but a dereliction of duty or the opprobrium of those who are denominated the world he merits the contempt as well as the indignation of his country who can hesitate which to embrace That gentlemen in a case the most interesting in the zeal with which they advocate particular opinions and under the conviction in some measure produced by that zeal should on each side press their arguments too far should be impatient at any deliberation in the court and should suspect or fear the operation of motives to which alone they can ascribe that deliberation is perhaps a frailty incident to human nature; but if any conduct on the part of the court could warrant a sentiment that it would deviate to the one side or the other from the line prescribed by duty and by law that conduct would be viewed by the judges themselves with an eye of extreme severity and would long be recollected with deep and serious regret”Evaluation I love reading histories of John Marshall how can anyone with an interest in the law and in this country not find fascinating the court cases that shaped all subseuent jurisprudence as well as the relationship among the three branches of government? The fact that relationship is now imperiled is all the reason to study how and why these struggles were worked out in the past and to what effect


  6. says:

    This is a major new biography of John Marshall 1755 1835 Marshall was President John Adams’ Secretary of State As he was going out of office Adams appointed John Marshall as the Chief of the Supreme Court Even though Marshall was the fourth Chief Justice he was the one that transformed the Court into its current role and one of the key balances of power in the government Paul covers Marshall’s early life and reveals him as a man Of course he also goes into depth discussing his role on the Supreme Court Marshall was the longest serving Chief Justice More than any other biography of Marshall Paul goes into detail about Marshall the manThe book is well written and meticulously researched Paul attempts to be unbiased as far as Marshall is concerned but not so for President Thomas Jefferson The book is easy to read with a flowing narrative Paul’s writing style makes complex legal cases easy to understand for the layman I found this to be one of the best biographies on Marshall that I have read to date If one is interested in the Supreme Court this is a must read bookJoel Richard Paul is a Professor of International Economic Law and Constitutional Law at the University of California Hastings Law School in San Francisco CaliforniaI read this as an audiobook downloaded from Audible The book is just over seventeen hours Fred Sanders does a good job narrating the book Sanders is a stage and film actor as well as an audiobook narrator


  7. says:

    I do not imagine many biographies of John Marshall bother much with anything beyond his tenure on the Supreme Court since that is where Marshall's mark on our history was made This book reveals the error in any such effort While a good deal of attention is paid to the cases Marshall used to establish the independence and necessity of the third branch of government this author devotes nearly half of his book to what got Marshall to the Court and what made him the man that was suited to the task set before himTo begin with there is repeated mention of the conflicts Marshall had with his cousin Thomas Jefferson and it is clear that this author does not particularly care for our third president an opinion I share with the author I consider Jefferson our first sleazy president and this author provides even reasons for me to hold this opinion I thought I knew enough from other readings but Prof Paul supplies even He starts with the family basis for the animosity between these two esteemed relatives It seems that a female forebear of Marshall fell out of favor with her father who disinherited her and the inheritance that would have made Marshall's life comparable in comfort to Jefferson's went to TJ's branch of the family and was enjoyed by TJ Marshall was born in a log cabin the oldest of 15 children and they were poor as dirt Nevertheless Marshall made something of himself and did it the hard way while his cousin TJ never had to work a day in his life or struggle for anything That Marshall didn't become some sort of twisted bitter and ambitious person is a tribute to the man's character In fact at the end of the book the author compares the character and lives of these two men in a fairly objective manner and the result is not surprisingIn addition to revealing of the important aspects of Marshall's personal development as well as the direction of his career the book also supplies detail about our history that I have not found in any other history that I've read The book trace Marshall's career through the events of our history in which Marshall was a participant These events are among the minor events that appear in every US history but never in any depth Marshall was one of delegates sent to France by Adams to negotiate a settlement with France over the uasi War As a result of that Marshall was directly involved in the infamous XYZ Affair and for the first time we have a history that names who XY and Z actually were and what exactly they did Much to his dismay this affair made Marshall a national celebrity when all he wanted to do was go home to his nearly invalid wife and return to his law practice Unfortunately Marshall's sense of duty and his loyalty and devotion to the men that steered his career to advantage made this impossible He was repeatedly pulled back into the national political scene by Washington and then by Adams with the end result being his appointment as chief justice of the Supreme CourtSurprisingly a bit than half the book is devoted to the cases that insured Marshall's place in our history What is surprising is that the author is a law professor and this portion of the book is not mind numbingly boring To the contrary the professor lays out these cases in a way that even a layman will appreciate In each case the author gives the backstory along with some conjecture of what may have been going on behind the scenes even suggesting that Marshall may have suborned perjury in the Marbury case The author also then identifies the issue of the case and the decision and what the rationale for the decision may have been He also examines the political implications of the decisions What the author also credits Marshall for is his ability to build consensus among the justices to achieve an astonishing number of unanimous decisions among justices with dissimilar personalities backgrounds and politics In sum this is probably one of the best biographies I have ever read and definitely worth reading if you're interested in our history


  8. says:

    This is a page turner I love history but unfortunately most books are told like a textbook matter of fact and dry This one is a marvelously written account with a flowing narrative of Marshall’s ascent as a frontiersman to one of the longest serving Chief Justice This is a book I can give away to history buffs there’s still plenty to figure out about this great man I would definitely purchase the hardcover when it comes outAdvance print copy provided by the publisher


  9. says:

    As good a history book as I have read Marshall is a true founding father and a man of great character for his time This was a detailed lesson in the politics during the revolution and for over forty years after The book explains details about Washington Jefferson Adams Madison and many others in a depth and from a perspective rarely exposed in other histories Marshall is revealed for his attempts to be intellectually honest and his willingness to be clever and thoughtful in his navigation of the issues and personalities of his time He was a slave owner and a racist though not as bad as most of the other leaders of the time He played a major role in preserving the country and making it stronger able to be a functional nation I was in awe of him through most of the book and yet saddened when he failed to have the courage to stand up against some of the most horrendous events of our time The author makes fascinating allusions to our current political climate and is persuasive with analogies to how Marshall was a national parent making hard choices for a higher good with a greater vision of the future I differ with the author's final comment arguing Marshall was not intellectually dishonest He was but he was human and I agree he had the integrity to be guided by compromise for the bigger picture Being a lawyer and having seen the damage done by intellectually dishonest appellate courts I cannot condone this historian's view of the short term damage being worth the long term picture Federal judges especially with their lifetime appointments need to guide us and the long term good is better served by the pain and possible discord of an unpopular opinion that is morally and intellectually consistent All of that being said I applaud the author for his integrity of telling the whole story good and bad and that is good history I hold Marshall in the highest esteem because he was human and he did live in his time Compared to anyone in that realm of national politics Marshall stands above them in the greatest honor


  10. says:

    “It is tempting to contrast Marshall’s life and legacy with Jefferson’sNo Marshall biography can avoid taking sides in their conflicted relationship” P 436 I humbly beg to differ If you seek an unbiased account of the life and works of Justice Marshall then stay away from this book This narrative can be accurately described as a criticism of Jefferson than a summary of Marshall’s works To put it bluntly this book drips with bias and leaves the reader with a bad taste in their mouth This book deserves less than two stars however the author certainly has taken the time to research all the material he chooses to put a slant on To give credit where credit is due two stars for the depth of research and zero for everything else