The Great Decision

Jefferson, Adams, Marshall and the Battle for the Supreme Court

By: Cliff Sloan, David McKean

Narrated by: Peter Jay Fernandez

Length: 7 hrs and 56 mins

Publisher's summary

In 1800, the United States teetered on the brink of a second revolution. The presidential election between Adams and Jefferson was a bitterly contested tie, and the government neared collapse. The Supreme Court had no clear purpose or power - no one had even thought to build it a courtroom in the new capital city.

When Adams sought to prolong his policies in defiance of the electorate by packing the courts, the fine words of the new Constitution could do nothing to stop him. It would take a man to make those words good, and America found him in John Marshall.

The Great Decision tells the riveting story of Marshall and of the landmark court case, Marbury v. Madison, through which he empowered the Supreme Court and transformed the idea of the separation of powers into a working blueprint for our modern state.

Rich in atmospheric detail, political intrigue, and fascinating characters, The Great Decision is an illuminating tale of America's formative years and of the evolution of our democracy.

©2009 Cliff Sloan and David McKean (P)2009 Audible, Inc.

Critic reviews

"[T]heir book provides a colorful description of the tumultuous times in which the Court rendered its landmark judgment. And the book's implicit references and comparisons to our own politically divisive times will not be lost on the attentive reader." (The Washington Post)
"In this highly accessible book, the authors skillfully build suspense and tension around an outcome readers may already know." (Booklist)

Fills a niche in Early Republic History

This book truly fills a gap in most histories of the early republic. Most people are vaguely aware of "Marbury vs. Madison" (though I am surprised how many don't know who either of the litigants were, even the famous James Madison). Most people's knowledge ends with that it was the first time the Supreme Court struck down a law as "Unconstitutional." This book does an outstanding job of setting the stage for WHY this was such an important case. Also, some of the intricacies of it, such as that John Marshall was the Secretary of State during the end of the Adams administration who prepared the commissions that were never sent to Marbury (as well as 2 others). It goes into the politics of the time and just how anemic the Supreme Court actually was.

It also, of course, described the decision and the part that made it most remarkable was that the court managed to assert its authority in the least threatening way possible. It said a law was unconstitutional which could be seen as an affront to the legislative and executive branches, however they did it in sch a way that LIMITED their own authority. In effect, intentionally losing the battle (we do not have authority to issue a ruling on a law that is unconstitutional) to win the war (we HAVE the authority to decide whether it is constitutional or not). It was a brilliant balance of judicial restraint, judicial activism, statesmanship, and politics.

To be fair, this author also gives, albeit in very short sections, some of the criticisms of the Marbury decision (like the inclusion of a court hypothetical ruling on a case involving a law that they decided was unconstitutional). They also do point out on several occasions that state courts had declared state laws unconstitutional (however Marbury was the first time the US Supreme Court had done this) so this act was not unprecedented.

FInally, this book finally gives some explanation behind the antipathy between Marshall and Jefferson as well as describing how they were related. Many books I have read have said they were cousins, but didn't describe the "family tree" to explain this. After this book I have a far greater understanding of this and how it affected them both at a visceral level.

My one small caveat with this book is that it does, for some stretches, become tedious, but this is necessary in a story this technical and these stretches were short.

This book definitely qualifies as a 5-star listening/reading experience. It covers ground only lightly trod in any other book I have read/heard. It covers it with fairness and adequate thoroughness.

Gives great context and life to the famous decision.

This book does an incredible job of setting the scene of the landmark decision of Marbury v. Madison.

From start to finish the book explains the time and settings of the case in great narrative fashion and gives one insight of the ideas and criticisms of the time.

Brings to life the early days of the USA

What did you love best about The Great Decision?

It is fascinating to learn more about the country's leading characters in the early days of this republic. An interesting story, well told, which expanded my understanding of this country, and its history.

Thoroughly enjoyed the book

What did you love best about The Great Decision?

I had heard of Marbury v Madison mentioned quite frequently and only had a general, vague idea of what the case was about but this book gave me a much better understanding and appreciation for the historical context and complexity of the case. It also gave me a fuller understanding of our Constitution and the formation of the government which it spawned. I thought The Great Decision was a great book and highly recommend it to anyone wanting to gain a greater understanding of our history and Constitution.

What was one of the most memorable moments of The Great Decision?

The explanation of John Marshal's decision in the case.

What about Peter Jay Fernandez’s performance did you like?

I though he did a very good job.

Was this a book you wanted to listen to all in one sitting?

No. There was so much information that I found it better to listen for an hour or so and then have time to digest what I had heard.

Great story, spoilt by Audible truncating it

Would you recommend this audiobook to a friend? If so, why?

Recommended as a fascinating judgement, backed by a well rounded examination of the historical background

Who was your favorite character and why?

Not applicable

What about Peter Jay Fernandez’s performance did you like?

The narration was clear, expressive and sonorous.

Was there a moment in the book that particularly moved you?

It was cool to realise the clever twist that Marshal CJ made at the end of the judgement

Any additional comments?

The audio book ended poorly, because the Appendix, where the judgement was narrated in full in the original production, was obviously truncated part of the way through in this Audible production. Poor form Audible!

Ugh

What disappointed you about The Great Decision?

This book is really boooorrrrriiinng. It purports to tell the story of Marbury v Madison, one of the first US Supreme Court decisions.

But, it illuminated political activities during the early period of US history, in long, excrucia

What could Cliff Sloan and David McKean have done to make this a more enjoyable book for you?

Brevity