A must-read for lawyers, law students and legal historians | John Marshall: Definer of a Nation

Judging Marshall | John Marshall: Definer of a Nation | Jean Edward Smith

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	• John Marshall: Definer of a Nation Jean Edward Smith Holt Paperbacks, 1998 - 752 pages average customer review:based on 33 reviews view larger image
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highly recommended

A Brilliant Biography!

I've spent the last three years discovering and reading biographies of the Founding Fathers, including Dumas Malone's epic view of Thomas Jefferson, Walter Isaacson's book on Benjamin Franklin, and of course David McCullough's well-known work on John Adams, now the equally well-known miniseries.

I came late to Smith's book, and knew only the barest essentials of John Marshall's life - Chief Justice, Marbury vs. Madison, and...well, that was about it. This work is everything a good biography should be - informative, instructive, and above all, readable. With more than 150 pages of footnotes, many of which further the story, this book tells the amazing story of an amazing man. His connections with George Washington and everyone else involved in the Revolutionary and Constitutional periods of our country and his deeds and words truly do make him the "forgotten" Founding Father.

I do have one minor quibble, which is what brought me to write this: on page 107 Smith refers to "Jefferson's daughter Martha, who was living in the capital at the time, wrote to her father..." concerning the emotional problems of Marshall's wife Polly following the death of their second child. The footnote cites "Martha Jefferson Carr to Thomas Jefferson, February 26, 1787". As I read this I thought "But wasn't Jefferson in Paris at that time, and wasn't Martha with him, and wasn't she still a teenager, and wasn't her married name Randolph? The answer to all these questions was of course "yes". Martha was fourteen in February 1787, and living with her father in France. It turns out that Martha Jefferson Carr was Thomas Jefferson's younger sister. A minor complaint, I know, but I'm surprised such a good writer and historian would make such a mistake, and even more surprised that no-one seems to have noticed it before. Of course my copy of the book dates from 1996, so it may have been corrected in newer editions.

Still-and-all, this is an excellent biography and a lot of fun to read. I recommend it to anyone who thinks they already know about the formative period of American history, and to anyone who knows they can always learn more.

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A must-read for lawyers, law students and legal historians

The life and times of John Marshall (1755 - 1835) make for exceptional reading. Although detailed and carefully researched, this excellent biography/history book/study of early constitutional law is written in an enjoyable, non-academic style. In addition to its captivating treatment of the revolutionary war, the evolution of basic governmental structures, and the Nation's other critically important early leaders, the book weaves together a nearly first-hand account of the foundations of the U.S. Supreme Court and its earliest and most enduring decisions.

Marshall was the 4th and longest serving Chief Justice of the United States Supreme Court. In his 34 years as Chief Justice, he personally shaped U.S. constitutional law, forged the Supreme Court into a strong and independent institution, and defined the powers of the federal government. He swore in presidents Adams, Jefferson, Madison, Monroe, Hamilton, Adams, and Jackson. And those were just the last 35 years of his life.

As a young man, he fought bravely in several key battles of the Revolutionary War, wintering at Valley Forge in 1777. He became acquainted with General George Washington and the two thereafter held each other in very high regard. On the state level, Marshall served in the Virginia House of Delegates and on the Virginia Counsel of State. Respected as a lawyer and state politician, he was appointed to serve as a delegate to the Virginia convention tasked with accepting or rejecting the United States Constitution and was instrumental in fighting for its ratification.

Marshall's pre-Supreme Court contributions to the Federal government were also significant and interesting. In 1797, President Adams appointed him to a three person delegation to negotiate with France, an unusual episode that came to be called the "XYZ Affair." French ministers spent the better part of a year trying to extort huge bribes from Marshall and his colleagues. News of Marshall's steadfast refusal to pay the bribes preceded his return from Paris and he was received home as an American hero. In 1799 he was appointed the Nation's 4th Secretary of State. That same year, he reluctantly ran for and won a seat in the House of Representatives in a district heavily favoring the other party.

Over the years, Marshall's dedication to his law practice (and need for income) caused him to graciously decline several appointments, including Minister to France, Attorney General of the United States, Secretary of War and even an earlier Supreme Court position. Despite his many other commitments, Marshall felt compelled to write the first biography of his hero George Washington - a well-received five volume set that today is condensed and marketed as a single volume. Marshall delivered the eulogy at Washington's massive memorial service. Lastly, but worth noting, the famous crack in the Liberty Bell occurred while ringing in honor of Marshall's passing.

Next to George Washington, he may be the most important and most admirable of all our founding fathers.

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Judging Marshall

This was great biography of the chief justice. It achieved that rare balance in historical biographies of being loaded with lots of interesting details while not being too dry to enjoy. As usual in the better biographies, the author is definitely in Marshall's corner, but he includes some of Marshall's botches and does an OK job of explaining why his opponents disagreed with him.

The greatest strength of the book was the descriptions of how Marshall came to his judgments in the various cases; how he balanced the law as it was written versus what he thought would be practical (ie, enforceable), and how it he used the constitution to frame all of his rulings. The author describes Marshall's thinking in an extremely accessible way, using no legal gobbledy-gook.

Also, the play-by-play of how the XYZ affair unfolded was great fun to read. It was by far the best version of that event I have ever read.

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Insert superlative here.

This book is long, but as the Russians say "I like a long story".
This book is fantastic. Despite it's length, it is a ripping read. John Marshall walked further, thought more deeply, drank more and accomplished more in a day than I probably will my whole life. While the analyses of early court cases are incredibly detailed and very well written, it's the little details that make this book better than it should be(!?). The stories of John Marshall sneaking Madeira to his fellow Justices as social lubricant, while incredibly amusing, also serve to illustrate the way in which Marshall viewed his world. He was ultimately a pragmatist(as much as one could be in the 1790's), and if anybody truly wants to understand the culture of the Supreme Court, this is required reading. One of the "forgotten" founders of American law; in fact after reading this book I wanted to enroll in law school, and take up a petition to have John Marshall Canonized. This is one of the best books I've ever read. Put in the time, and enjoy Jean Edward Smith's encyclopedic knowledge and very well crafted writing style while you inform yourself about a truly great American. highest recommendations.

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Excellent Biography, Period Analysis and Constitutional Insight

John Marshall may be the most unsung Founding Father we have. Prior to this book, to me he was simply a jurist, a remote, unapproachable person who interacted with his surroundings through distant judicial opinions. I could not have been more wrong. Jean Edward Smith's John Marshall was a warm, socially interactive, companionable people-person, a remarkably friendly sort who enjoyed entertaining, barbeques, cards, and gatherings of all sorts. Possibly no Virginian of his time enjoyed social get-togethers more.

Having been so wrong in my prejudgment of the man, as I read this wonderful work I made special note of his background and resume. A descendant of Virginia's founding families, his lineage fell outside the more central Jefferson, Lee, and Randolph grouping. He was raised on the frontier, in good circumstances to be sure, but his upbringing reflected a more self made, blue collar work ethic than the Jeffersons, Lees and Randolphs. A reserved patrician he was not. Supreme Court Justice Joseph Story said of him, "I love his laugh - it is too hearty for an intriguer." He was a hard working, fun loving man who would have been a remarkably enjoyable neighbor. His law practice would generate serious wealth, enough to purchase the manors and estates of Lord Fairfax and at one time he would own a good portion of Virginia's Northern Neck.

He was a bulldog for work whose resume reflects his service to his country, his State, his community and his family. Educated at the College of William and Mary he would serve in the Revolutionary War, first in the Virginia Line (militia) and subsequently in the Continental Army. A combat veteran who saw action at Great Bridge, Brandywine, Germantown, Monmouth Court Hose, Stony Point and Paulus Hook, he endured Valley Forge with close friend James Monroe. It is through his military experience the author contends that Marshall understood the need for unity of effort, the dangers of the conflicting policies of the individual states, the benefits of limited government and the need for checks and balances. Twenty-five years later he would write, "The many as often as the few can abuse power and trample on the weak, without perceiving that they are tyrants."

Finishing his law degree after the war he becomes a leading member of the Virginia Bar and is twice elected to Virginia's House of Delegates. A strong supporter of the Constitution, he becomes close with President Washington and leads Virginia's Federalist Party during the quasi war with France. Appointed Brigadier General of the Virginia Line by Governor Lee, he captures James River shipping manned by American crews and fitting out as illegal privateers in support of France's war with Britain. Along with Charles Cotesworth Pinckney and Elbridge Gerry, he was appointed Minister Plenipotentiary by President Adams to negotiate peace with France and would stand firmly for America in Paris during Talleyrand's infamous and insulting attempted bribery, the XYZ affair. A national hero for his role in these negotiations, upon his return home Marshall is pressured by George Washington to run for Congress as the Federalist candidate from Richmond, Virginia.

His election to the House of Representatives proves to be a major turning point and Marshall's life is never again the same. A moderate, as opposed to the radical High Federalists, in short order he becomes President Adam's floor leader in the House, defending the Administration against a House motion to censure the President. Breaking with his party he casts the deciding vote in repealing the Federalist's repugnant Alien and Sedition Acts and throughout the rest of his life he would stand as a stalwart defender of freedom of speech and freedom of the press. In rapid succession he is appointed to two Cabinet positions, Secretary of War, which he declines, and Secretary of State, which he accepts. When Adams is defeated by Jefferson in the stormy Republican sweep of November, 1800, one of Adams last actions is to appoint Marshall Chief Justice of the Supreme Court. He would serve the nation in that capacity for the next 35 years.

When John Marshall assumed leadership of the Court it was not the entity it is today. It was a court of law, not a constitutional court. It did not possess the power of an interpretive body whose decisions were binding on the other two branches of government. Its jurisdiction over the States was also in question. Marshall's legacy would change all that, elevating the Court to become coequal with the Legislative and Executive branches of our government as provided for within the Constitution. In the process Marshall would clash mightily with his cousin, Thomas Jefferson. The two men would battle each other asserting their particular view of what kind of nation we should become. The Nation would be materially better off for the effort expended by each of them, but in the end Marshall would be the winner, Jefferson the loser, in their continual clash to define the roles and the relationships between the Executive and Judicial branches of our government. At times it would get very personal. But after Jefferson, despite the development of States Rights theories, all subsequent Presidents (James Madison, James Monroe, John Quincy Adams and Andrew Jackson) strongly endorsed the Marshall Court.

As it should be, over half this book is devoted to Chief Justice Marshall's Supreme Court decisions which focused on Constitutional law, i.e., just what did the Founders intend. Jean Edward Smith is a gifted writer, capable of delivering legal opinions in an interesting, focused manner. His prose is low key, written in layman's language, so the legal discussions are readily understood. As a result, non lawyers like myself easily come away from this work with a deep appreciation of John Marshall, the Constitution and the historic events which occurred during John Marshall's remarkable life.

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Interprets the life, career, and contributions of the man who sat on the United States Supreme Court for thirty-five years and who was instrumental in molding the court into the powerful body it is today. 15,000 first printing.

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