The Life of John Marshall, 3±Ç

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Cosimo, Inc., 2005. 1. 1. - 700ÆäÀÌÁö
John Marshall (1755-1835) became the fourth chief justice of the U.S. Supreme Court despite having had almost no formal schooling and after having studied law for a mere six weeks. Nevertheless, Marshall remains the only judge in American history whose distinction derives almost entirely from his judicial career. During Marshall's nearly 35-year tenure as chief justice, he wielded the Constitution's awe-inspiring power aggressively and wisely, setting the Supreme Court on a course for the ages by ensuring its equal position in the triumvirate of the federal government of the United States and securing its role as interpreter and enforcer of the Constitution. Marshall's judicial energies were as unflagging as his vision was expansive. This four-volume life of Marshall received wide acclaim upon its initial publication in 1920, winning the Pulitzer Prize that year, and makes fascinating reading for the lawyer, historian, and legal scholar.

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JUDICIARY
1
THE ASSAULT ON THE JUDICIARY
50
APPENDIX
52
MARBURY VERSUS MADISON
101
IMPEACHMENT
157
BIOGRAPHER
223
THE BURR CONSPIRACY
274
THE CAPTURE AND ARRAIGNMENT
343
ADMINISTRATION VERSUS COURT
398
WHAT IS TREASON? 476
507
FRAUD AND CONTRACT
546
A THE PARAGRAPH OMITTED FROM THE FINAL Draft
605
CASES OF WHICH CHIEF JUSTICE MARSHALL MAY HAVE
611
F ESSENTIAL PART OF MARSHALLS OPINION ON CONSTRUC
619
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140 ÆäÀÌÁö - If the former part of the alternative be true, then a legislative act contrary to the Constitution is not law ; if the latter part be true, then written constitutions are absurd attempts on the part of the people to limit a power in its own nature illimitable.
141 ÆäÀÌÁö - ... what is expressly forbidden, such act, notwithstanding the express prohibition, is in reality effectual. It would be giving to the legislature a practical and real omnipotence, with the same breath, which professes to restrict their powers within narrow limits. It is prescribing limits, and declaring, that those limits may be passed at pleasure.
164 ÆäÀÌÁö - Congress must possess the choice of means, and must be empowered to use any means which are in fact conducive to the exercise of a power granted by the constitution.
140 ÆäÀÌÁö - Between these alternatives there is no middle ground. The Constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts and, like other acts, is alterable when the Legislature shall please to alter it.
131 ÆäÀÌÁö - To this objection, which is of recent date, it is sufficient to observe that practice and acquiescence under it for a period of several years, commencing with the organization of the judicial system, affords an irresistible answer, and has indeed fixed the construction. It is a contemporary interpretation of the most forcible nature. This practical exposition is too strong and obstinate to be shaken or controlled. Of course, the question is at rest, and ought not now to be disturbed.
618 ÆäÀÌÁö - ... deliberately spread for him and overwhelmed by the mastering spirit and genius of another — this man, thus ruined and undone, and made to play a subordinate part in this grand drama of guilt and treason— this man is to be called the principal offender, while he, by whom he was thus plunged in misery, is comparatively innocent, a mere accessory...
121 ÆäÀÌÁö - The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law.
617 ÆäÀÌÁö - A philosophical apparatus offers to him all the secrets and mysteries of nature. Peace, tranquillity and innocence shed their mingled delights around him. And to crown the enchantment of the scene, a wife, who is said to be lovely even beyond her sex, and graced with every accomplishment that can render it irresistible, had blessed him with .her love, and made him the father of several children.
617 ÆäÀÌÁö - Blannerhassett's character, that on his arrival in America, he retired even from the population of the Atlantic States, and sought quiet and solitude in the bosom of our western forests. But he carried with him taste and science and wealth; and lo, the desert smiled!
264 ÆäÀÌÁö - To be prepared for war is one of the most effectual means of preserving peace.

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Born in 1862, ALBERT JEREMIAH BEVERIDGE was a well-respected lecturer and American historian. Admitted to the bar in 1887, he began his law practice in Indianapolis, Indiana. Beveridge was elected to the U.S. Senate as a Republican in 1899, where for 12 years he supported the progressive legislation sponsored by President Theodore Roosevelt. Upon his retirement from the Senate in 1912, he retreated from public life, devoting much of his time to his writings in American history.

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