John Marshall is one of the most consequential figures in the history of the United States, yet too little is known about him. In John Marshall : The Man Who Made The Supreme Court, journalist and author Richard Brookhiser seeks to help us know more about this man. In life Marshall was an unimposing character. Early in the book Brookhiser relates a story about Marshall at home in Richmond. He was dressed like any other rustic. A newcomer to town asked him to carry a turkey home from the market, not realizing until afterwards that he had used the Chief Justice of the Supreme Court as a delivery man. Marshall was a man of humor. Brookhiser shares another anecdote in the book. The Justices would board in the same house when the Court was in session and they ate together. They established a custom that they could only have wine if it was raining. “Marshall would ask ‘Brother Story’ [Justice Joseph Story] to look out the window and say what the weather was. If Story reported that the sun was shining, Marshall would answer, ‘our jurisdiction extends over so large a territory…that it must be raining somewhere.’”

These anecdotes help to remind us that Marshall was an approachable and affable man. That did not make him weak. In his Introduction Brookhiser points out that “When Marshall died in 1835, he and the Court he led had rebuked two presidents, Congress, and a dozen states and laid down principles of law and politics that still apply.” That, of course, is why we know Marshall. He was the man who turned the Supreme Court into a powerful part of the United States government. Before Marshall the Supreme Court had little influence on the nation. After Marshall the influence was powerful.

The book is well written and easily approachable by the general reader. Brookhiser is a journalist by training and profession so he does not get into the weeds of trying to explain all of the minutiae behind the laws. Instead he focuses on the political implications of Marshall’s rulings. This is important because when Marshall established the idea of judicial oversight he inserted the Court into the politics of the new nation. Marshall was well aware that he was helping to guide the nation forward. He was a Revolutionary War veteran who had served on Washington’s staff. As a young member of the Virginia Ratifying Convention he fought hard alongside James Madison for the ratification of the Constitution. He was a successful attorney in private practice before moving into the government. He served under John Adams as Secretary of State before he became the third Chief Justice. Brookhiser takes us through his early years without succumbing that siren call of the historian: the rabbit trail. So many writers feel a need to set up a history by giving huge back stories or going off into minute detail about some side issue. Brookhiser deftly gives us what we need to understand the subject and keeps moving.

This is an excellent book and does justice to the subject. It also delivers the reader a well written, informative, and enjoyable experience.

A biography of the most important Supreme Court Justice in US history is not something you except to fly through. Nevertheless, once Marshall got onto the Supreme Court, I moved through the book very quickly. Brookhiser sticks to Marshall's professional life most of the time, though of course his personal life is mentioned, so if reading a bunch of summaries of cases and Marshall's opinions on things sounds boring, this is not the book for you. This seemed impeccably researched, primary sourcing as much as possible, with many letters and opinions quoted but not so much as to bog down the book with that. The author's admiration for Marshall is very visible, particularly when describing Jefferson, where Brookhiser definitely showed some disdain (I guess Marshall would have agreed with that). Marshall was very big into contract supremacy over all other law where possible, which was very new to me, and I liked reading about his views on constitutional minutiae. Brookhiser did a really good job of keeping the legalese to minimum, explaining law in understandable terms yet still in depth. To sum up, I fully recommend this book to people interested in American history and government, for while it focuses on Marshall, his core work is what created American government as we know it.



A copy of this book was given to the reviewer through NetGalley in exchange for an honest review.

"An informative, and entertaining, though a little dry at times, biography of our nation's fourth chief justice. Well worth the read

As usual Mr. Brookhiser does a superb job of researching and writing on his chosen topic. His grasp of the issues involved in Marshall's court decisions is excellent. His forte is definitely the founding era and it shows in his portrayal of the last founding father.