
John Marshall and the Heroic Age of the Supreme Court
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Narrado por:
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Castle Vozz
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De:
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R. Kent Newmyer
John Marshall (1755 - 1835) was arguably the most important judicial figure in American history. As the fourth chief justice of the United States Supreme Court, serving from 1801 to 1835, he helped move the Court from the fringes of power to the epicenter of constitutional government. His great opinions in cases like Marbury v. Madison and McCulloch v. Maryland are still part of the working discourse of constitutional law in America. Drawing on a new and definitive edition of Marshall's papers, R. Kent Newmyer combines engaging narrative with new historiographical insights in a fresh interpretation of John Marshall's life in the law. More than the summation of Marshall's legal and institutional accomplishments, Newmyer's impressive study captures the nuanced texture of the justice's reasoning, the complexity of his mature jurisprudence, and the affinities and tensions between his system of law and the transformative age in which he lived. It substantiates Oliver Wendell Holmes Jr.'s view of Marshall as the most representative figure in American law.
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Surprisingly, my opinion of John Marshall (which had been high) lowered as I learned more about him. I realize he was a product of his time, and a large majority of the elite favored property over freedom, but Marshall’s defense of property seemed to be more than it needed to be. Nevertheless, I still admire his efforts to establish and strengthen the importance and power of the Supreme Court (beginning, of course, with Marbury v. Madison). Although the Supreme Court has generated much ill as well as much good for American society (e.g., the Dred Scott case as opposed to Brown v. Board of Education), I shudder to think what this country would have been had the Supreme Court continued to be a lowly, mostly ignored third branch of government.
I do recommend this book for learning about John Marshall, and the narrator does a decent job. However, be prepared for a significant time commitment to wade through it all.
Long & Informative. Oyez.
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A little dull
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That being said, Newmyer offers a fascinating analysis of Marshall’s decisions, situating them vis a vis intellectual, juridical and historical context, looking back to their sources and legal traditions and forward to their effects, ramifications and influences. He deftly teases apart Marshall’s legacy, maintaining their complexity while unwinding the strands into accessible, coherent themes and arguments.
Marshall’s tenure as Chief Justice of the Supreme Court stretched over six presidents: John Adams, who appointed him, Jefferson, who hated him, Madison and Monroe, who respected him while disagreeing with him, John Quincy Adams, who defended him and Andrew Jackson, who opposed him as much as possible. Newmyer explores how his jurisprudence adjusted to the changing politics of the age, while illuminating the consistent strands that connect all his decisions.
Well worth reading to fill out and expand your knowledge of John Marshall, antebellum American history, constitutional law and the Supreme Court.
Excellent judicial, intellectual history
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