This is a biography of John Marshall from a nationalist perspective. The South, especially the state of Virginia, was the most politically dominant region in the Founding era. In fact, 4 of the first 5 Presidents had come from Virginia. The doctrine of states' rights has always been the strongest in the South. However, John Marshall, who was from Virginia, was very nationalistic. In the book, Richard Brookhiser often contrasts Marshall with his cousin Thomas Jefferson, who is often seen as the face of states' rights in the Founding generation.
However, before Brookhiser goes into detail of Marshall's career as Chief Justice, he goes into detail of Marshall's early life, including his marriage and Virginia's Ratification of the Constitution in 1788, which Marshall supported. Brookhiser scratched the surface of Marshall's relationship with former Governor Patrick Henry. Henry was the biggest opponent of the Constitution in Virginia and so he was on opposing sides with Marshall, but they were both lawyers and they were on the same side in many court cases.
Brookhiser often brought up Marshall's relationship with George Washington and his nephew, Bushrod Washington. Both John Marshall and Bushrod saw themselves as disciples of George Washington whom they fought under in the American War for Independence. They would both be appointed to the Supreme Court by John Adams after George Washington had passed away, and they would be together until Bushrod had passed in 1829. The two of them were Federalists who would outlive their party.
The ideological leader of the Federalists was George Washington's Secretary of the Treasury, Alexander Hamilton, whom Marshall adored and continued his nationalist ideas in the Supreme Court years after Hamilton had died. Brookhiser goes into detail of the many decisions that Marshall had made over his 34-year career. He also goes into detail of Marshall's relationship with Joseph Story who wasn't a Federalist, but whom Marshall helped mold into a Hamiltonian nationalist.
The strength of the Federalists came from New England, but John Marshall was 100% a Southerner. Brookhiser briefly mentions how one of his son's wanted a Yankee girl for a wife, but the girl's father refused because Marshall's son was a Southerner. Marshall felt very insulted after that, but it is an example of the fact that there was a strong cultural divide between New England and the South. The New England Federalists wanted a nationalist government and use that nationalist government to further their section of the country's interest, but Marshall's nationalist vision for the government was intended to benefit the whole country, not just a section of it. John Marshall was a Hamiltonian, but never a sectionalist like the New England Hamiltonians.
The rival faction of the Federalists, the Republicans, were ideologically lead by Thomas Jefferson, the one man Marshall hated, even though they were cousins. Brookhiser also brings up Marshall's relationship with John Randolph of Roanoke, who was also a cousin and a Republican. Randolph also became a sworn enemy of Jefferson, but this was because he believed Jefferson had diluted Republican principles. Randolph was an even stronger advocate of states' rights than Jefferson so I found it interesting that he and Marshall really didn't dislike each other. This could possibly be because both Randolph and the Federalists found themselves in the minority of a Jeffersonian-Republican Congress.
At the end of the book, Brookhiser discusses Marshall's death in 1835 and his replacement, Roger Taney. The author condemns Roger Taney for the Dred Scott decision in 1857 and says that this reflected a completely different understanding of how the Constitution was understood when ratified. Marshall was there when it was ratified and he would have disagreed that the Constitution was intended only for white people and blacks couldn't be citizens. Brookhiser ties Marshall to Abraham Lincoln who was alive at that time and said that there were black people who voted even in the first few years after ratification. I agree with Lincoln on this, but I disagree with his nationalist view of the Constitution. Like Marshall, Lincoln was a Hamiltonian who did not believe in the Compact Theory of the Union. The Compact Theory is really a fact. The states existed before the Union and the Union was voluntary.
One final thing to note: In the trial of Aaron Burr, in which he was being tried for treason, John Marshall points to Article 3 Section 3 of the Constitution which defines what treason was.
Treason against the United States, shall consist only in levying
War against them, or in adhering to their Enemies, giving them
Aid and Comfort. No Person shall be convicted of Treason
unless on the Testimony of two Witnesses to the same overt
Act, or on Confession in open Court.
The Congress shall have Power to declare the Punishment of
Treason, but no Attainder of Treason shall work Corruption of
Blood, or Forfeiture except during the Life of the Person
attainted.
You can see the use of the word "them" in the first sentence, meaning that the United States was being referred to as plural. However, Brookhiser uses the word "it," as if the United States was singular. This could really bother you, but Brookhiser is a nationalist, so this really shouldn't be surprising.
Although, Brookhiser is a nationalist, he does an excellent job detailing the major decisions of the Marshall Court. I barely talked about those major decisions in this review, but if you want to understand John Marshall's nationalist approach in each of them, Brookhiser's biography does a good job explaining.
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