Without Precedent: Chief Justice John Marshall and His Times Paperback – February 19, 2019

A brand new book that arrived very quickly. Excellent writing and very educational.

The first part of the book is great and kept my attention. The court cases in the latter part of the book were a bit pedantic, but I soldiered through them, trying to understand the reasons for the decisions in the context of promoting the national interest and sovereignty, yet maintaining states rights. The book was an eye opener on setting of important precedents, especially balancing states and individuals rights and federal power. Aside from some of the court decision minutia, it was a very good read and an excellent book on the measure of John Marshall, the man and his priorities, principles and ethics.

Without Precedent gives a biography of John Marshall, a giant of the Supreme Court. It has been a long time since I took a US history course so this served as a timely reminder to me of the early years of political struggle as well as how our federal power structure evolved from concept to mechanism. It weaves political, personal and legal history together in an entertaining fashion that leaves the reader with a well rounded understanding of John Marshall the man, the justice and the political actor. It also serves as a reminder of the role of the Supreme Court and how justices can reframe the role of the court as a consequence of the needs of the times.Being a biography the author traces John Marshall's life from infancy to old age. The focus by the author, a legal scholar, was on the politics as well as case analysis but nonetheless a full picture of John Marshall is provided. I had either not learned or forgotten that John Marshall was in fact a relative of Jefferson, but Marshall's maternal side had effectively been disowned and though his family was wealthy, his branch was ostracized. The author goes through Marshall's education and character, how he served under Washington and his early legal practice. The author details his marriage to Polly Ambler, who was an intelligent but frail woman. A lot of time is spent discussing Marshall's devotion and dedication to his wife. Nonetheless the focus is on Marshall's legal evolution and the reader learns of his moves from the house to secretary of state and his time in France, with much time spent on the infamous XYZ affair. The author gives a lot of background to the corrupted nature of French diplomacy and the massive gap between the romantic republican view of French revolutionary egalitarian character and the rude reality of their deep corruption and self interest. This gives a strong understanding to the reader of the tensions between Federalists and Republicans in the early years with respect to foreign policy and views on obligations. The author then gets into the main focus on the book- Marshall's appointment to chief Justice and the landmark cases he presided over. Marshall was the longest serving chief Justice and authored 1/2 of the court's opinions. Furthermore he presided over a largely unified court for most of his tenure. The author being a legal scholar analyses the court's opinions and logic. He details the principles used by Marshall and their consistency over time. The author describes the political pragmatism of Marshall and in particular discusses how to enable the Supreme court, he had to make very political judgments so that the court would be abided by. The early days of the country were divided by state vs federal authority issues and navigating that friction while simultaneously laying the foundation for a stronger federal government was a tightrope which Marshall walked with perfection. The author first goes through Marbury vs Madison and the role of the Supreme Court in judicial review. The author describes many cases involving privateering and property law and the importance of international law in settling disputes with foreign parties. The author discusses the masterful judgments on steamboats and the framing of the regulation of trade within the newly formed union. The author ends the commentary towards the more challenging era of Andrew Jackson and the time were there was growing disregard for the court. The case of Worcester vs Georgia is discussed as yet another example where the court had to make a judgement on political considerations and the author makes it clear that the political atmosphere led to changes in courts willingness to be combative with the executive branch.Living in the political climate of today it is refreshing to reflect on a time where the court was establishing its role within the power structure of the country and goals were visionary rather than reactionary. I believe the author wrote the book partially as a consequence of the souring of US politics climate and the complete failure of the mechanisms that historically led to robustness that are now leading to tyranny of the minority. The author makes it clear that adjudication is not a science but an art in which skilled justices can shape and improve the US system of government. Definitely an informative and engaging account of a truly remarkable man- if only the pragmatism and vision that defined his accomplishments was partially in existence in the court today.

There are a great many biographies of John Marshall (1755-1835), 4th Chief Justice, but I think this new one has a lot of advantages, especially for the general reader who does not have extensive backgrounds in early national history or the Supreme Court. It is also unusually well written; it was just a pleasure to read such fine prose. Always an important issue for a Marshall biographer is how much of your book (this one runs about 500 pages text, notes and selected bibliography) should be dedicated to discussing his Court career. Here, the author has devoted about 50% of the book to Marshall's pre-Court activities. I used to get upset if a Marshall biography didn't quickly get him on the Court. But the author here, a law professor, was wise to carefully discuss Marshall's pre-Court career.And what a career it was! Working with Washington during the revolution; member of the Virginia legislature; master of an extensive and lucrative legal practice in Richmond; one of three diplomats sent to France to negotiate a treaty with Talleyrand; elected to Congress from Virginia; and secretary of state under John Adams. It is easy to see why Marshall rose to such political and judicial heights--he was extraordinarily competent, industrious, and a master legal craftsman. So the book really educates the reader as to the richness of Marshall's background and accomplishments so we can better understand why he became "the great Chief Justice."Another dilemma for Marshall biographers (especially law professors) is how many legal technicalities and concepts to discuss once Marshall is handing down well over 500 decisions. Here the author does not run through a large number of cases (though he does cover all of the big ones), which could overwhelm the reader. Instead, he devotes concise chapters, with minimal legal jargon, to individual decisions and smoothly carriers the reader to the point of understanding that case's significance. So have no fear you will be buried in pages of obtuse legal argument.Another advantage is that the reader learns a good deal about American revolutionary and early national history. My only real criticism is that the author really has it in for Jefferson and takes almost constant potshots at him. But in discussing Marshall working with Washington both as general and president, and his service in the Adams cabinet, the reader learns a good deal about the birth of political parties, the role of Hamilton, how the Federalists governed and why they had a downfall, the rise of Andrew Jackson, and the role of slavery as a divisive political issue. The author also includes some of the best analysis on the Indian removal cases before the Court that I have seen.Reading this solid book, therefore, is a good investment of the reader's time. The author's research is extensive, including heavy reliance upon the published Marshall papers and the "Documentary History of the Supreme Court." And the story is told with crisp clarity so that even readers of prior bios will still learn a great deal new. Simply a winner all the way round.

An excellent biography of a great Supreme Court justice and his role in shaping our democracy

Extremely well written book.... Never got bored... Though the book is I think more than 400 pages and the font is fine.... The book is just amazing. Just couldn't put it down.

Excellent content. Good for practice lawyers and students