John Marshall's Achievement: Law, Politics, and Constitutional Interpretations

(Hardback)

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This collection of essays, the result of a John Marshall Symposium held in conjunction with the state of West Virginia's celebration of the Bicentennial of the U.S. Constitution, examines the contributions of John Marshall and the early Supreme Court from a variety of political and methodological perspectives that have been encouraged by current approaches to constitutional theory and history. It fills a gap in analysis of the constitutional foundations laid by the Marshall Court. It reflects the continuities and changes that have transpired in legal scholarship and political philosophy over the last three decades. Divided into analyses of Marshall's legal decisions, his political philosophy, and his methods of legal interpretation, the essays represent a strong and healthy diversity of opinion on Marshall's contribution to American political and legal development. The essays consider the question of how Marshall's judicial reasoning can be best applied to the continuing process of interpreting the Constitution. Marshall's contributions thus become the starting point for an exercise in political engagement. While often celebrating Marshall's achievements, the contributors attempt to move beyond mere celebration toward a critical analysis of constitutional meaning and political philosophy. Legal scholars and historians alike will welcome this cogent collection and the insight it provides into the early development of constitutional thought and interpretation.

Reviews

Another collection of essays on John Marshall is proof positive that each generation must reassess, on its own terms, the giants of the past. This collection, edited by T. Shevory aims at examining Marshall from a variety of political and methodological perspectives encouraged by the recent discovery' of the classical republican roots of the American founding, the attacks of the critical legal studies movement, and the impact of hermeneutics on legal studies. Marshall's work is put in the context of the interpretivist' versus non-interpretivist' controversy (Lennertz) and the behavioral approach to constitutional law (Stookey and Watson). A comparison with the collection of essays entitled John Marshall, ed. by Stanley Kutler (1972) shows the extent to which recent scholarship and policy concerns have affected the debate over Marshall and his contribution. For upper-division undergraduate students familiar with recent scholarly developments in law, political science, and history. There is an introductory overview, a select bibliography, a table of contents, and an index.-Choice
John Marshall's Achievement is a collection of essays brought together following a John Marshall symposium held at Marshall University in West Virginia in 1987. The essays are gathered into three groups that explore John Marshall's judicial decisions, political theories and interpretive practices. The authors, predominantly scholars in political science, draw their observations from different legal perspectives and analytical techniques. As a group, they provide a variety of interpretations of Marshall's legal and political philosophy. These essays require the reader to have a substantial knowledge of law, politics and the Constitution: the book is not a simple biography. The introduction provides a summary of most of the articles with enough specificity to allow researchers to identify those essays which would be useful for them.-American Library Book Review
"John Marshall's Achievement is a collection of essays brought together following a John Marshall symposium held at Marshall University in West Virginia in 1987. The essays are gathered into three groups that explore John Marshall's judicial decisions, political theories and interpretive practices. The authors, predominantly scholars in political science, draw their observations from different legal perspectives and analytical techniques. As a group, they provide a variety of interpretations of Marshall's legal and political philosophy. These essays require the reader to have a substantial knowledge of law, politics and the Constitution: the book is not a simple biography. The introduction provides a summary of most of the articles with enough specificity to allow researchers to identify those essays which would be useful for them."-American Library Book Review
"Another collection of essays on John Marshall is proof positive that each generation must reassess, on its own terms, the giants of the past. This collection, edited by T. Shevory aims at examining Marshall from a variety of political and methodological perspectives encouraged by the recent discovery' of the classical republican roots of the American founding, the attacks of the critical legal studies movement, and the impact of hermeneutics on legal studies. Marshall's work is put in the context of the interpretivist' versus non-interpretivist' controversy (Lennertz) and the behavioral approach to constitutional law (Stookey and Watson). A comparison with the collection of essays entitled John Marshall, ed. by Stanley Kutler (1972) shows the extent to which recent scholarship and policy concerns have affected the debate over Marshall and his contribution. For upper-division undergraduate students familiar with recent scholarly developments in law, political science, and history. There is an introductory overview, a select bibliography, a table of contents, and an index."-Choice

Author Bio

THOMAS C. SHEVORY is Assistant Professor of Politics at Ithaca College. He has contributed articles to The Journal of Health Politics, Policy and Law and Political Mythology and Popular Culture (Greenwood Press, 1987).