Clarifies the thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist. Argues that Marshall was not an ideologue intent in appropriating the lawmaking powers of Congress, but rather was deeply committed to a principled jurisprudence based on a science of law steeped in the common law tradition. Annotation c. by Book News, Inc., Portland, Or.

The Great Chief Justice: John Marshall and the Rule of Law

Biographies & Memoirs

Hobson, Charles F.

Leaders & Notable People

Univ Pr of Kansas

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.

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

Professionals & Academics

University Press of Kansas

The Great Yazoo Lands Sale: The Case of Fletcher v. Peck (Landmark Law Cases and American Society)

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 private law matters. Beneath the case’s dry legal proceedings lay a tangle of speculating mania, corruption, and political rivalry, which Charles Hobson unravels with narrative aplomb. As the scene shifts from the frontier to the courtroom, and from Georgia to New England, the cast of characters includes sharp dealers like Robert Morris, hot-headed politicians like James Jackson, and able counsel like John Quincy Adams, along with, of course, John Marshall himself. The improbably dramatic tale opens a window on land transactions, Indian relations, and the politics of the early nation, thereby revealing how the controversy over the Yazoo lands sale reflected a deeper crisis over the meaning of republicanism. Hobson, a leading scholar of the Marshall Court, lays out the details of the litigation with great clarity even as he presents a longer view of the implications and consequences of Fletcher v. Peck.

History

Americas

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: Correspondence, Papers, and Selected Judicial Opinions, November 1800-March 1807

Marshall, John

Omohundro Institute of Early American History & Culture

Univ of North Carolina Pr

The 1819 term of the Supreme Court stands preeminent in John Marshall's chief justiceship as the year of three major constitutional pronouncements: Dartmouth College v. Woodward, Sturgis v. Crowninshield, and McCulloch v. Maryland. This volume, covering 1814 to 1819, reproduces these and other important Marshall opinions given in the Supreme Court and the U.S. Circuit Court for Virginia. Also included are a series of essays Marshall wrote to answer critics of the McCulloch v. Maryland decision. In addition to papers concerning judicial business, this volume includes personal correspondence that sheds light on Marshall's private interests and family life.

The Papers of John Marshall: Vol. VIII: Correspondence, Papers, and Selected Judicial Opinions, March 1814-December 1819 (Published by the Omohundro ... and the University of North Carolina Press)

Omohundro Institute and University of North Carolina Press

Papers of James Madison: January 20, 1790 to March 31, 1791

Univ of Virginia Pr

See the best price to sell, buy, or rent books by Hobson, Charles F.. BookScouter helps to compare book prices from 25+ online bookstores and 30+ buyback vendors with a single search.

Books by Hobson, Charles F.