The Great Decision

Jefferson, Adams, Marshall, and the Battle for the Supreme Court

Author: Cliff Sloan,David McKean

Publisher: PublicAffairs

ISBN: 0786744960

Category: History

Page: 288

View: 2746

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Following the bitterly contested election between Adams and Jefferson in 1800, the United States teetered on the brink of a second revolution. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, it became evident that the new Constitution was limited in its powers. Change was in order and John Marshall stepped up to the challenge. 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 the evolution of our democracy.

The Great Decision

Jefferson, Adams, Marshall, and the Battle for the Supreme Court

Author: Cliff Sloan,David McKean

Publisher: PublicAffairs

ISBN: 0786744960

Category: History

Page: 288

View: 841

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Following the bitterly contested election between Adams and Jefferson in 1800, the United States teetered on the brink of a second revolution. When Adams sought to prolong his policies in defiance of the electorate by packing the courts, it became evident that the new Constitution was limited in its powers. Change was in order and John Marshall stepped up to the challenge. 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 the evolution of our democracy.

The Great Decision

Jefferson, Adams, Marshall, and the Battle for the Supreme Court

Author: Cliff Sloan,David McKean

Publisher: ReadHowYouWant.com

ISBN: 145875894X

Category:

Page: 388

View: 3733

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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.

Summary: The Great Decision

Review and Analysis of Cliff Sloan and David McKean's Book

Author: BusinessNews Publishing

Publisher: Primento

ISBN: 2511002140

Category: Political Science

Page: 44

View: 6230

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The must-read summary of Cliff Sloan and David McKean's book: “The Great Decision: Jefferson, Adams, Marshall, and the Battle for the Supreme Court”. This complete summary of "The Great Decision" by Cliff Sloan and David McKean provides an overview of the authors' account of the riveting court case that led Marshall to empower the Supreme Court and come up with the idea of separating powers in the way that they exist in today's modern state. Added-value of this summary: • Save time • Understand the role of the Supreme Court and the origins of its powers • Expand your knowledge of American politics and legislation To learn more, read "The Great Decision" and discover how the separation of powers into branches in the US first came about.

Without Precedent

Chief Justice John Marshall and His Times

Author: Joel Richard Paul

Publisher: Penguin

ISBN: 1594488231

Category: LAW

Page: 512

View: 7716

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The remarkable story of John Marshall who, as chief justice, statesman, and diplomat, played a pivotal role in the founding of the United States. No member of America's Founding Generation had a greater impact on the Constitution and the Supreme Court than John Marshall, and no one did more to preserve the delicate unity of the fledgling United States. From the nation's founding in 1776 and for the next forty years, Marshall was at the center of every political battle. As Chief Justice of the United States - the longest-serving in history - he established the independence of the judiciary and the supremacy of the federal Constitution and courts. As the leading Federalist in Virginia, he rivaled his cousin Thomas Jefferson in influence. As a diplomat and secretary of state, he defended American sovereignty against France and Britain, counseled President John Adams, and supervised the construction of the city of Washington. D.C. This is the astonishing true story of how a rough-cut frontiersman - born in Virginia in 1755 and with little formal education - invented himself as one of the nation's preeminent lawyers and politicians who then reinvented the Constitution to forge a stronger nation. Without Precedent is the engrossing account of the life and times of this exceptional man, who with cunning, imagination, and grace shaped America's future as he held together the Supreme Court, the Constitution, and the country itself.

Marbury V. Madison

The Origins and Legacy of Judicial Review

Author: William Edward Nelson

Publisher: Landmark Law Cases & American

ISBN: 9780700610624

Category: History

Page: 142

View: 6182

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This book is a study of the power of the American Supreme Court to interpret laws and overrule any found in conflict with the Constitution. It examines the landmark case of Marbury versus Madison (1803), when that power of judicial review was first fully articulated.

What Kind of Nation

Thomas Jefferson, John Marshall, and the Epic Stru

Author: James F. Simon

Publisher: Simon and Schuster

ISBN: 1439127638

Category: History

Page: 352

View: 3200

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What Kind of Nation is a riveting account of the bitter and protracted struggle between two titans of the early republic over the power of the presidency and the independence of the judiciary. The clash between fellow Virginians (and second cousins) Thomas Jefferson and John Marshall remains the most decisive confrontation between a president and a chief justice in American history. Fought in private as well as in full public view, their struggle defined basic constitutional relationships in the early days of the republic and resonates still in debates over the role of the federal government vis-à-vis the states and the authority of the Supreme Court to interpret laws. Jefferson was a strong advocate of states' rights who distrusted the power of the federal government. He believed that the Constitution defined federal authority narrowly and left most governmental powers to the states. He was suspicious of the Federalist-dominated Supreme Court, whose members he viewed as partisan promoters of their political views at the expense of Jefferson's Republicans. When he became president, Jefferson attempted to correct the Court's bias by appointing Republicans to the Court. He also supported an unsuccessful impeachment of Federalist Supreme Court Justice Samuel Chase. Marshall believed in a strong federal government and was convinced that an independent judiciary offered the best protection for the Constitution and the nation. After he was appointed by Federalist President John Adams to be chief justice in 1801 (only a few weeks before Jefferson succeeded Adams), he issued one far-reaching opinion after another. Beginning with the landmark decision Marbury v. Madison in 1803, and through many cases involving states' rights, impeachment, treason, and executive privilege, Marshall established the Court as the final arbiter of the Constitution and the authoritative voice for the constitutional supremacy of the federal government over the states. As Marshall's views prevailed, Jefferson became increasingly bitter, certain that the Court was suffocating the popular will. But Marshall's carefully reasoned rulings endowed the Court with constitutional authority even as they expanded the power of the federal government, paving the way for later Court decisions sanctioning many pivotal laws of the modern era, such as those of the New Deal, the Great Society, and the Civil Rights Act of 1964. In a fascinating description of the treason trial of Jefferson's former vice president, Aaron Burr, James F. Simon shows how Marshall rebuffed President Jefferson's claim of executive privilege. That decision served as precedent for a modern Supreme Court ruling rejecting President Nixon's claim that he did not have to hand over the Watergate tapes. More than 150 years after Jefferson's and Marshall's deaths, their words and achievements still reverberate in constitutional debate and political battle. What Kind of Nation is a dramatic rendering of a bitter struggle between two shrewd politicians and powerful statesmen that helped create a United States.

John Marshall

The Chief Justice Who Saved the Nation

Author: Harlow Giles Unger

Publisher: Da Capo Press

ISBN: 0306822210

Category: Biography & Autobiography

Page: 384

View: 8003

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A soul-stirring biography of John Marshall, the young republic's great chief justice, who led the Supreme Court to power and brought law and order to the nation

John Marshall

Definer of a Nation

Author: Jean Edward Smith

Publisher: Henry Holt and Company

ISBN: 1466862319

Category: Biography & Autobiography

Page: 752

View: 8951

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A New York Times Notable Book of 1996 It was in tolling the death of Supreme Court Chief Justice John Marshall in 1835 that the Liberty Bell cracked, never to ring again. An apt symbol of the man who shaped both court and country, whose life "reads like an early history of the United States," as the Wall Street Journal noted, adding: Jean Edward Smith "does an excellent job of recounting the details of Marshall's life without missing the dramatic sweep of the history it encompassed."

The Presidents and the Constitution

A Living History

Author: Ken Gormley

Publisher: NYU Press

ISBN: 1479872075

Category: Law

Page: 672

View: 8760

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In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitution offers a fresh perspective on how the Constitution has evolved in the hands of individual presidents. It delves into key moments in American history, from Washington’s early battles with Congress to the advent of the national security presidency under George W. Bush and Barack Obama, to reveal the dramatic historical forces that drove these presidents to action. Historians and legal experts, including Richard Ellis, Gary Hart, Stanley Kutler and Kenneth Starr, bring the Constitution to life, and show how the awesome powers of the American presidency have been shapes by the men who were granted them. The book brings to the fore the overarching constitutional themes that span this country’s history and ties together presidencies in a way never before accomplished. Exhaustively researched and compellingly presented, The Presidents and the Constitution shines new light on America’s brilliant constitutional and presidential history. Instructor's Guide

The Activist

John Marshall, Marbury v. Madison, and the Myth of Judicial Review

Author: Lawrence Goldstone

Publisher: Walker

ISBN: 9780802717597

Category: History

Page: 304

View: 1569

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In the waning days of his presidency, in January 1801, John Adams made some historic appointments to preserve his Federalist legacy. Foremost among them, he named his secretary of state, John Marshall, Chief Justice of the Supreme Court-neither of them anticipating that Marshall would soon need to decide the most crucial case in Supreme Court history-Marbury vs. Madison. The Activist is the story of that case and its impact on American history. It revolved around a suit brought by Federalist William Marbury and 3 others that unwittingly set off a Constitutional debate that has reverberated for more than two centuries, for the case introduced a principle ("judicial review") at the heart of our democracy: does the Supreme Court have the right to interpret the Constitution and the law. Acclaimed narrative historian Larry Goldstone makes this early American legal drama come alive for readers today as a seminal moment in our history, chronicling, as it does, the formation and foundation of the Supreme Court. But it has ever since given cover to justices, like Antonin Scalia today, who assert the Court's power over the meaning of the Constitution.That Marshall's opinion was also the very height of the judicial activism that Scalia, John Roberts, and their fellow conservatives deplore promises to be one of American history's great ironies.The debate began in 1801, and continues to this day-and in Lawrence Goldstone's hands, it has never been more interesting or relevant for general readers.

Suspected of Independence

The Life of Thomas McKean, America's First Power Broker

Author: David McKean

Publisher: PublicAffairs

ISBN: 1610392221

Category: History

Page: 320

View: 3423

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The Founding Fathers, mythologized for their fervor for and dedication to democratic principles, were as heavily mired in partisanship, plagued by petty infighting, and driven by personal gain as, arguably, the most notorious members of today's Congress. In fact, David McKean reveals in this brilliant panoramic history that today's muddled political system is heavily indebted to a tradition begun from the outset, and perhaps to no one more so than Thomas McKean. Thomas McKean was America's first political operator—a man who installed himself at the center of every major political event of his time. In an extraordinary career that spanned almost half a century, McKean represented Pennsylvania and Delaware to the Stamp Act Congress and both Continental Congresses, and was instrumental in the creation of both the Articles of Confederation and the Constitution. He was one of the first to lobby for independence from British rule, the last to sign the Declaration of Independence, and was briefly the second President of Congress while George Washington was away. For twenty-two years, he served as chief justice of the Pennsylvania Supreme Court, during which time his rulings would set the precedent for what was to become the American legal system. He was elected Governor of Pennsylvania three times, during which time he fostered a tradition of partisanship in his government. Although lesser known than his friends at different times—John Adams, George Washington, and Thomas Jefferson—McKean was among the most prominent of the Founding Fathers, and the only one to serve in all three branches of government. But McKean was also a difficult, arrogant man whose political beliefs seemed to his adversaries to be expediently flexible. In the 1770s, when the bulk of McKean's constituency in Pennsylvania consisted of radical farmers and artisans who favored political participation regardless of property ownership and independence—and so McKean did too. It was on this platform he quickly rose to become a populist leader with mass appeal. As political parties began to emerge in the decades following independence, Thomas McKean, like many others, grew increasingly partisan, and fervently believed that political loyalty should play as important a role as competence in both the selection and removal of public servants. John Adams wrote that the early Founding Father, his colleague in the Continental Congress, was the one of the few “to see more clearly to the end of the business than any others in the whole body.” by a quintessential DC insider, and inheritor to Thomas McKean's aptitude for nimble politicking, The Revolutionary Life of Thomas McKean offers a complex historical biography of a man who had an invaluable impact on the nature of governance in this country for centuries.

Tommy the Cork

Washington's Ultimate Insider from Roosevelt to Reagan

Author: David McKean

Publisher: Steerforth

ISBN: N.A

Category: Biography & Autobiography

Page: 368

View: 2122

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Looks at the life and political career of Thomas G. Corcoran, a man who began lobbying during FDR's tenure and helped shape policy during every subsequent administration up the Reagan presidency.

Showdown

Thurgood Marshall and the Supreme Court Nomination that Changed America

Author: Wil Haygood

Publisher: Vintage

ISBN: 0307947378

Category: Biography & Autobiography

Page: 404

View: 7448

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"The author of The Butler presents a revelatory biography of the first African-American Supreme Court justice--one of the giants of the civil rights movement, and one of the most transforming Supreme Court justices of the 20th century, "--Novelist.

Abraham Lincoln and Treason in the Civil War

The Trials of John Merryman

Author: Jonathan W. White

Publisher: LSU Press

ISBN: 0807143464

Category: History

Page: 216

View: 4568

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In the spring of 1861, Union military authorities arrested Maryland farmer John Merryman on charges of treason against the United States for burning railroad bridges around Baltimore in an effort to prevent northern soldiers from reaching the capital. From his prison cell at Fort McHenry, Merryman petitioned Chief Justice of the Supreme Court Roger B. Taney for release through a writ of habeas corpus. Taney issued the writ, but President Abraham Lincoln ignored it. In mid-July Merryman was released, only to be indicted for treason in a Baltimore federal court. His case, however, never went to trial and federal prosecutors finally dismissed it in 1867. In Abraham Lincoln and Treason in the Civil War, Jonathan White reveals how the arrest and prosecution of this little-known Baltimore farmer had a lasting impact on the Lincoln administration and Congress as they struggled to develop policies to deal with both northern traitors and southern rebels. His work exposes several perennially controversial legal and constitutional issues in American history, including the nature and extent of presidential war powers, the development of national policies for dealing with disloyalty and treason, and the protection of civil liberties in wartime.

Supreme Injustice

Slavery in the Nation's Highest Court

Author: Paul Finkelman

Publisher: Harvard University Press

ISBN: 0674051211

Category: Judges

Page: 304

View: 3793

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In ruling after ruling, the three most important pre-Civil War justices--Marshall, Taney, and Story--upheld slavery. Paul Finkelman establishes an authoritative account of each justice's proslavery position, the reasoning behind his opposition to black freedom, and the personal incentives that embedded racism ever deeper in American civic life.

The Second Amendment

A Biography

Author: Michael Waldman

Publisher: Simon and Schuster

ISBN: 1476747466

Category: History

Page: 272

View: 7531

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Widely acclaimed at the time of its publication, the life story of the most controversial, volatile, misunderstood provision of the Bill of Rights. At a time of increasing gun violence in America, Waldman’s book provoked a wide range of discussion. This book looks at history to provide some surprising, illuminating answers. The Amendment was written to calm public fear that the new national government would crush the state militias made up of all (white) adult men—who were required to own a gun to serve. Waldman recounts the raucous public debate that has surrounded the amendment from its inception to the present. As the country spread to the Western frontier, violence spread too. But through it all, gun control was abundant. In the twentieth century, with Prohibition and gangsterism, the first federal control laws were passed. In all four separate times the Supreme Court ruled against a constitutional right to own a gun. The present debate picked up in the 1970s—part of a backlash to the liberal 1960s and a resurgence of libertarianism. A newly radicalized NRA entered the campaign to oppose gun control and elevate the status of an obscure constitutional provision. In 2008, in a case that reached the Court after a focused drive by conservative lawyers, the US Supreme Court ruled for the first time that the Constitution protects an individual right to gun ownership. Famous for his theory of “originalism,” Justice Antonin Scalia twisted it in this instance to base his argument on contemporary conditions. In The Second Amendment: A Biography, Michael Waldman shows that our view of the amendment is set, at each stage, not by a pristine constitutional text, but by the push and pull, the rough and tumble of political advocacy and public agitation.

Agony and Eloquence

John Adams, Thomas Jefferson, and a World of Revolution

Author: Daniel L. Mallock

Publisher: Skyhorse Publishing, Inc.

ISBN: 1634508327

Category: History

Page: 472

View: 3651

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The drama of John Adams and Thomas Jefferson is the foundational story of America—courage, loyalty, hope, fanaticism, greatness, failure, forgiveness, love. Agony and Eloquence is the story of the greatest friendship in American history and the revolutionary times in which it was made, ruined, and finally renewed. In the wake of Washington’s retirement, longtime friends Thomas Jefferson and John Adams came to represent the opposing political forces struggling to shape America’s future. Adams’s victory in the presidential election of 1796 brought Jefferson into his administration—but as an unlikely and deeply conflicted vice president. The bloody Republican revolution in France finally brought their political differences to a bitter pitch. In Mallock’s take on this fascinating period, French foreign policy and revolutionary developments—from the fall of the Bastille to the fall of the Jacobins and the rise of Napoleon—form a disturbing and illuminating counterpoint to events, controversies, individuals, and relationships in Philadelphia and Washington. Many important and fascinating people appear in the book, including Thomas Paine, Camille Desmoulins, Dr. Benjamin Rush, Tobias Lear, Talleyrand, Robespierre, Danton, Saint-Just, Abigail Adams, Lafayette, James Madison, John Quincy Adams, Dr. Joseph Priestley, Samuel Adams, Philip Mazzei, John Marshall, Alexander Hamilton, and Edward Coles. They are brought to life by Mallock’s insightful analysis and clear and lively writing. Agony and Eloquence is a thoroughly researched and tautly written modern history. When the most important thing is at stake, almost anything can be justified. Skyhorse Publishing, as well as our Arcade imprint, are proud to publish a broad range of books for readers interested in history--books about World War II, the Third Reich, Hitler and his henchmen, the JFK assassination, conspiracies, the American Civil War, the American Revolution, gladiators, Vikings, ancient Rome, medieval times, the old West, and much more. While not every title we publish becomes a New York Times bestseller or a national bestseller, we are committed to books on subjects that are sometimes overlooked and to authors whose work might not otherwise find a home.

The Great Chief Justice

John Marshall and the Rule of Law

Author: Charles F. Hobson

Publisher: N.A

ISBN: N.A

Category: Biography & Autobiography

Page: 256

View: 9852

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"John Marshall remains one of the towering figures in the landscape of American law. From the Revolution to the age of Jackson, he played a critical role in defining the "province of the judiciary" and the constitutional limits of legislative action. In this masterly study, Charles Hobson clarifies the coherence and thrust of Marshall's jurisprudence while keeping in sight the man as well as the jurist." "Hobson argues that contrary to his critics, Marshall was no ideologue intent upon appropriating the lawmaking powers of Congress. Rather, he was deeply committed to a principled jurisprudence that was based on a steadfast devotion to a "science of law" richly steeped in the common law tradition. As Hobson shows, such jurisprudence governed every aspect of Marshall's legal philosophy and court opinions, including his understanding of judicial review." "The chief justice, Hobson contends, did not invent judicial review (as many have claimed) but consolidated its practice by adapting common law methods to the needs of a new nation. In practice, his use of judicial review was restrained, employed almost exclusively against acts of the state legislatures. Ultimately, he wielded judicial review to prevent the states from undermining the power of a national government still struggling to establish sovereignty at home and respect abroad."--BOOK JACKET.Title Summary field provided by Blackwell North America, Inc. All Rights Reserved