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The Great Decision: Jefferson, Adams, Marshall and the Battle for the Supreme Court | [Cliff Sloan, David McKean]

The Great Decision: Jefferson, Adams, Marshall and the Battle for the Supreme Court

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.
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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.

What the Critics Say

"[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)

What Members Say

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  •  
    Tim Los Angeles, CA, United States 06-02-12
    Tim Los Angeles, CA, United States 06-02-12 Member Since 2011
    HELPFUL VOTES
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    "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.


    4 of 4 people found this review helpful
  •  
    Jean Santa Cruz, CA, United States 07-26-14
    Jean Santa Cruz, CA, United States 07-26-14 Member Since 2010

    I am an avid eclectic reader.

    HELPFUL VOTES
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    "How the Court gained its power"

    The 1800 elections unveiled a schism in the body politic for the first time in U.S. history. The battle of the two party systems begins with this election. In the final days of John Adam’s presidency, he tried to appoint as many Federalist as possible to position established in legislation passed by the outgoing Federalist majority Congress. He had recently appointed John Marshall as Chief Justice of the Supreme Court when John Jay refused to take the job again. A handful of commissions for justice of the peace remained undelivered when incoming Democratic-Republican President Thomas Jefferson took office. Jefferson ordered his Secretary of State, James Madison, not to deliver them. A disgruntled office seeker, William Marbury, sued to have his commission honored.

    The book is well-research even including some contemporary newspaper accounts. The book reads like a political thriller. Marbury V Madison is considered the most important legal case in American history. The case established the judiciary as the final arbiter of any conflict between the law and the Constitution. The authors supply Marbury’s historical context and unravels the complex fabric of personalities, politics and law that animated the case. Sloan and McKean spent most of the book on the 1800 election and the thoughts of Adams and Jefferson. I wished they would have spent equal or more time on John Marshall and how he came to his decision. The book suffers from occasionally losing momentum, dragging and poor editing. But overall the book provided a review of the history of the 1800 election, the antagonism between Adams and Jefferson as well as insight into legal history. If one is interested in American history and legal history this is a great book to start with. Peter Jay Fernandez did a good job narrating the book.

    3 of 4 people found this review helpful
  •  
    Ian Fairfield, Virgin Islands (U.S.) 04-17-13
    Ian Fairfield, Virgin Islands (U.S.) 04-17-13
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    "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!

    1 of 1 people found this review helpful
  •  
    Ronald Richmond, VA, United States 12-19-12
    Ronald Richmond, VA, United States 12-19-12 Member Since 2009
    HELPFUL VOTES
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    "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.


    1 of 1 people found this review helpful
  •  
    Joseph 12-01-12
    Joseph 12-01-12 Member Since 2011
    HELPFUL VOTES
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    "I Expected More"

    This seemed like an "abridged" reading. Chapters were short and leaving me hungry for more information. I also felt the book lacked direction. It took a long time to even get to the Great Decision. I couldn't tell if this was a book about the early Founding Fathers, the debate between Republicans & Federalists, the Court's history or a biography of Marshal. It probably should have been all of the above in a longer book. It is also frustrating when statements are mentioned, both correctly and incorrectly, in different chapters. For example: Marshal was referred to as both the 3rd and 4th Chief Justice & The number of ballots needed in the Jefferson/Burr decision was referred to as both 35 and 36.
    Narration was a bit slow, but very clear enjoyable listen.
    All in all, I enjoyed the book. A great part of judicial history that has not been given enough attention. Characters were well researched. I like any book that I walk away from learning something.

    1 of 1 people found this review helpful
  •  
    Cynthia Monrovia, California, United States 08-13-13
    Cynthia Monrovia, California, United States 08-13-13 Member Since 2012

    Audible listener who's grateful for a long commute!

    HELPFUL VOTES
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    "John Marshall & The Supremes"

    The first case I read for my Constitutional Law class in law school was Marbury v. Madison (1803) 5 U.S. 137, 1 Cranch 137. I was brand new to law school, and the case mystified me. I understood why Marbury v. Madison was crucial to establishing the Judiciary as a co-equal branch of government, along with the Executive and Legislative branches. Despite my love of American History, I lacked specific knowledge of the political history and judicial structure to understand how the case ended up in the U.S. Supreme Court.

    Cliff Sloan and David McKean's "The Great Decision: Jefferson, Adams, Marshall and the Battle for the Supreme Court" (2009) gave me the context I was missing.

    John Adams, the Federalist second president of the United States, lost a bid for re-election. The winner was a Democratic-Republican, but the electoral college votes were evenly split between Thomas Jefferson and Aaron Burr.

    While Jefferson and Burr schemed and plotted, Congress worked to determine who would be the third president. In that confused period of time, Adams made hundreds of Federalist appointments. One of those was the Chief Justice of the Supreme Court, John Marshall. Adams also appointed William Marbury as a Justice of the Peace in the District of Columbia.

    After Jefferson took office, Marbury's commission was never delivered and Marbury filed a writ of mandamus against James Madison, Jefferson's Secretary of State, asking that the Executive Branch be required to appoint him.

    "The Great Decision" describes the physical and cultural condition of Washington, DC at the time and the strengths and weaknesses of the men involved. For example, Jefferson had so little regard for the judiciary as a whole and the Supreme Court specifically, he didn't bother to send a lawyer to represent the government. Jefferson also hated his second cousin, Marshall, which contributed to his disdain.

    I was fascinated by the "The Great Decision", and it adds an important perspective to the adoption of the constitution as we know it today. That point is often lost among ubiquitous biographies of the founding fathers, although the Courts haven't forgotten it. According to Google Scholar, Marbury v. Madison has been cited by federal courts 24,589 times.

    Peter Jay Fernandez narration was good, but don't listen to the last chapter (42 minutes) without a strong cup of coffee. It's the actual decision, and Marshall was establishing another Supreme Court precedent: making even the most exciting decision sound dull and repetitive.

    [If you found this review helpful, please let me know by clicking Helpful.]

    10 of 18 people found this review helpful
  •  
    Jennifer 08-20-14
    Jennifer 08-20-14 Member Since 2011
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    "No longer left wondering "who is Marbury?""

    A great history, telling the story not just of the legal case of Marbury v Madison, but setting it in context. It painted a picture of the people, places and politics that wasn't covered nearly to that depth and breadth in my AP US History lessons on the era and case. It delved into the roles and relationships of all of the directly and indirectly involved figures and public officials. It shed a whole new light and perspective on those few years of history for me. I only had trouble a few times keeping track of the narration when it used occasional quotes from letters and other historical records... the unfamiliar style of those documents I'm sure would have been easier understood in written form than audio. Overall a great read, engaging and well narrated.

    0 of 0 people found this review helpful
  •  
    Ted Menifee, CA, United States 02-18-13
    Ted Menifee, CA, United States 02-18-13 Member Since 2010
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    "The original "activist judge""

    John Marshall is widely viewed as the man who established judicial review in the United States. This is an engaging account of the circumstances and politics surrounding Marbury v Madison. Judicial review and the independence of the judiciary are fundamental to the American system; here are the details of how that came to be.

    Chief Justice Marshall had a clear grasp of the issues and understood that only a strong supreme court could defend American democracy. We can all be thankful that this strong leader was able to bring the court up to equality with the other two branches of government.

    0 of 0 people found this review helpful
  •  
    Joseph Somerset, Kentucky, United States 02-01-13
    Joseph Somerset, Kentucky, United States 02-01-13 Member Since 2011

    Tell us about yourself! Lifelong reader and passionate pursuer of knowledge. I love Audible because I never have to stop reading.

    HELPFUL VOTES
    3
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    "Just get it and Listen to It!"

    For any American History buff, it is a must, A superb description of Marbury v Madison, the issues surrounding the same, and the personages involved. John Marshall towers in early American history, and I hardly knew him at at all. Long enough to learn something from, but short enough not to bog down, Well read. Get it.

    0 of 0 people found this review helpful
  •  
    Joel Mayer Richardton, ND 12-29-12
    Joel Mayer Richardton, ND 12-29-12 Member Since 2007
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    "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.

    0 of 0 people found this review helpful
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