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| Additional Physical Format: | Online version: Hobson, Charles F. Great chief justice. Lawrence : University Press of Kansas, c1996 (OCoLC)605059246 |
|---|---|
| Named Person: | John Marshall; John (Politiker) Marshall; John Marshall |
| Material Type: | Biography, Government publication, State or province government publication |
| Document Type: | Book |
| All Authors / Contributors: |
Charles F Hobson |
| ISBN: | 0700607889 9780700607884 0700610316 9780700610310 |
| OCLC Number: | 34244193 |
| Description: | xv, 256 p. ; 24 cm |
| Contents: | Republican revolutionary -- The common law background -- The province of the Judiciary: Marbury v. Madison -- Property rights and the contract clause -- National supremacy and states' rights -- The limits of Judicial power -- Principle, precedent, and interpretation. |
| Series Title: | American political thought. |
| Responsibility: | Charles F. Hobson. |
Abstract:
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.
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Related Subjects:(13)
- Marshall, John, -- 1755-1835.
- United States. -- Supreme Court -- History.
- Constitutional history -- United States.
- Law -- United States -- History.
- Rechterlijke macht.
- Scheiding der machten.
- Common law.
- Marshall, John (Politiker)
- Marshall, John -- (1755-1835).
- États-Unis. -- Supreme Court -- Histoire -- Biographies.
- Etats-Unis. -- Supreme Court -- Histoire.
- Droit -- États-Unis -- Histoire.
- États-Unis -- Histoire constitutionnelle.
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