John Marshall and the Heroic Age of the Supreme Court (Southern Biography Series) - Softcover

In this comprehensive scholarly study of the chief justice of the U.S. Supreme Court from 1801 to 1835, Newmyer (Supreme Court Justice Joseph Story) succeeds at "locat[ing] Marshall and his jurisprudence in the broader historical context." Newmyer, a professor at the University of Connecticut School of Law, cites three principal sources for Marshall's constitutional thinking: his experience as a Revolutionary soldier, his law career steeped in the common law tradition, and his upbringing among the landowning elite in Virginia. These formative influences, Newmyer contends, created in the fourth chief justice a belief system centered on the primacy of the federal union and respect for property rights. As a judge, Marshall (1755-1835) believed in but did not always practice nonpolitical interpretation of the Constitution. Newmyer profiles a dozen of the justice's foundational opinions for the Supreme Court, demonstrating Marshall's persistent nationalist vision in which a written Constitution trumps divisive state and local interests. At the end of his career, Marshall believed his vision had been swept aside by history; and so it had, as states' rights gained ascendancy in the years leading up to the Civil War. However, his decisions are still cited as precedents today and have had a formidable impact on key legislation such as New Deal welfare programs. In this sustained and thoughtful examination, Newmyer concentrates on his subject's ideas more than his personality or his life's chronology. The author plainly approves of Marshall as a man, a thinker and a judge, and this account will persuade readers that the judge is indeed worthy of study and admiration. 27 b&w illus.

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