
G. Edward White's monumental study on the Marshall Court, originally published as Volumes III-IV of the Oliver Wendell Holmes Devise History of the Supreme Court, shows how the decisions made between 1815 and 1835 reveal an active reinterpretation of the Constitution and its principles of republicanism to suit the requirements of a rapidly changing nation. Placing the Marshall Court within the cultural and ideological context of early nineteenth-century America, White argues that the Court recast the language of the Constitution to give certain crucial terms the appearance of timeless legal principles, and promoted a style of judicial decision-making that concealed the discretionary elements of constitutional interpretation from public scrutiny, thus fostering the impression of an objective, non-partisan Court. Now available in an abridged paperback edition, The Marshall Court and Cultural Change, 1815-1835 will be essential for courses in American legal and constitutional history.
This work investigates how the Supreme Court under Chief Justice John Marshall fundamentally reinterpreted constitutional principles to align with the shifting cultural and ideological landscape of early nineteenth-century America. G. Edward White, a prominent legal historian, utilizes the extensive archival research originally compiled for the Oliver Wendell Holmes Devise History of the Supreme Court to construct his argument. He posits that the Court intentionally recast constitutional language to present discretionary judicial choices as immutable legal truths. By doing so, the Marshall Court established a veneer of objective, non-partisan authority that shaped the trajectory of American jurisprudence.
What You Will Find
Legal scholars and historians frequently cite this work as a foundational text for understanding the evolution of the American judiciary. Readers often note the academic density of the prose, which provides a rigorous examination of the intellectual history behind Marshall-era jurisprudence.
Page Count:
864
Publication Date:
1991-05-09
Publisher:
Oxford University Press
ISBN-10:
0195070593
ISBN-13:
9780195070590
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