Without Precedent

Starred review from December 18, 2017
In this comprehensive and insightful biography, Paul (Unlikely Allies), professor of constitutional and international law at UC-Hastings Law School, asserts that John Marshall (1755–1835), the fourth chief justice of the U.S., did more than anyone to “preserve the delicate unity of the fledgling republic.” While clearly a fan of his subject, Paul questions Marshall’s behavior, particularly his approach to slavery before and after he assumed the bench. Born of humble Virginia frontier origins, Marshall’s formal education was limited to a year of grammar school and six weeks of law school. Prior to his time on the high court, Marshall served under Washington at Valley Forge and was briefly a Virginia state representative before becoming secretary of state under John Adams. Marshall’s most famous decision during his record 34-year tenure as chief justice was Marbury v. Madison, which established the fundamental principle that courts had the authority to assess the constitutionality of a law. Positing that the decision was based on perjured testimony by Marshall’s brother James and that “the chief justice not only knew this but probably asked him to lie,” Paul explains and contextualizes the shocking ethical breach. Paul has produced an excellent treatment of an unquestionably impressive life. Agent: Roger S. Williams, Roger Williams Agency.