John Marshall: Writings (Library of America Founders Collection) Hardcover – January 21, 2010

I learned about John Marshall in college while taking a course on Constitutional Law. There were no textbooks; we read cases directly from the law books in the library. It was the only class in which I saved my notes. We read all the landmark decisions, up to Roe v. Wade, but it was Marshall's opinions that carried the most weight, because they solidified central power and with the Marbury v. Madison decision established the precedent of Judicial Review. It was for this reason I purchased this book, to read Marshall's opinions once again. That said, there's much more here, to put a human face on our nation's greatest jurist: letters, reports, speeches, addresses, resolutions, and excerpts from his book "The Life of George Washington."Marshall was born in a log cabin in a frontier settlement in Virginia in 1755, and never left home until joining Washington's army. He was home-schooled by his father, and did not go to college. Later on he received a few months' legal lectures at the College of William and Mary. He married, settled permanently in Richmond, and by character and brilliance rose to prominence as one of the nation's leading attorneys. He served briefly as as secretary of state under John Adams; then became chief justice of the Supreme Court.At the time (1801), the Supreme Court met in a cramped 24-by-30-foot committee room in the basement of the Capitol. It had little power, and was despised by President Thomas Jefferson as the last Federalist stronghold. How did Marshall make the Supreme Court the equal of Congress and the presidency? By picking a Constitutional issue so trivial as to seem ridiculous, and decided it in a way that gave Jefferson a "victory" while asserting the court's own right to overthrow acts of Congress. This was Marbury v. Madison. The decision created a legal precedent that in time hardened into irrevocable law. There followed a series of decisions that nothing seemed able to stay; Jefferson and his successors appointed judges of different persuasion to the court, only to have the charismatic Marshall make converts of them all. Marshall made their living arrangements in the backwoods capital a kind of cozy bachelor's club, living, eating, and working together. The pleasant atmosphere coupled with Marshall's humor and congeniality discouraged bitter disagreement. As new judges replaced old, Marshall won them over, confounding the presidents who appointed them.This is the John Marshall we come to know reading this book, a remarkable man with the friendliness of the frontier and the grace of the Virginia gentry, who continues making converts to this day. He served on the high court 35 years and with his decisions cemented the supremacy of the federal government and set the precedent for judicial review. Five stars.

The opinions of Marshall are still studied in law school for good reason. I am not a law student so I am reading some of Marshall's opinions for sheer pleasure. It may seem contradictory to associate legal writing with pleasure but in the instance of John Marshall it is the extreme care with which he dissects an argument, anticipating all objections and addressing all the main issues yet without descending into hideous jargon that makes his writing a pleasure to read. His lengthy and controversial decision on United States v. Burr is a fascinating exploration of what it means to commit treason, perhaps even in our times. He explores the history of treason back to the reign of Edward III and proceeds via the opinions of other jurists to come to the conclusion that treason does not take place until an actual act of treason is committed. Statements, proclamations, enticements do not qualify: an actual act of war (the defining mark of treason) must have taken place. Therefore, he acquits Burr of treason, much to the displeasure of Jefferson and most other Americans of 1807. Here's an example taken from this famous case: "Why is it that in felonies however atrocious, the trial of the accessory can never precede the conviction of the principal? Not because the one is denominated the principal and the other the accessory, for that would be ground on which a great law principle could never stand. Not because there was in fact a difference in the degree of moral guilt, for in the case of murder committed by a hardy villain for a bribe, the person plotting the murder and giving the bribe, is perhaps, of the two the baser criminal; and, were it otherwise, this would furnish no argument for precedence in trial. What then is the reason? It has been already given. The legal guilt of the accessory depends on the guilt of the principal; & the guilt of the principal can only be established in a prosecution against himself."— United States v. Burr, Library of America, John Marshall, p. 332- 333

Having collected Library of America volumes since 1982, I was pleased when LOA got into the collateral line of writings of the Founding Fathers, Lincoln, Grant, Sherman, et al. I always hoped that sooner of later that a volume of our greatest Chief Justice, John Marshall, would appear. The combination of personal letters and key opinions is especially valuable, because one usually sees only examples of his political shrewdness and legal acumen on the public stage, Marbury v. Madison being the supreme example. The volume is a treat and is more in line with the purposes and mission that motivated LOA in its earliest days: that is, before LOA began to clog its list with a lot of second- and even third-rate works in recent years -- stuff that has no business being on the same shelf with James, Melville, Thoreau, or Jefferson, but doubtless provides sales revenues.

This book is recommended for students, or any person with a desire to learn about John Marshall, and his vast intellect. At first it can be a little difficult to read, given many of the letters are from pre-1900s, however, the reader soon adapts to the style of language and the book becomes very informative.One can also learn alot about American history through many of the letters as well. By no means is it an easy read, but if you are an avid reader, you will enjoy this book very much :)

It is a great contribution to the history of the United States to make available the writings of the Great Chief Justice. John Marshall should be required reading for all lawyers in the country. However, aside from a smattering of summaries in secondary sources, most attorneys never read his legal opinions or his other written records. I highly recommend this new edition of his writings from the Library of America. It is something that every lawyer, and every American, should read.

I have not yet read it, it will be used for research.