Without Precedent: Chief Justice John Marshall and His Times Hardcover – February 20, 2018 by Joel Richard Paul (Riverhead Books)

There are a great many biographies of John Marshall (1755-1835), 4th Chief Justice, but I think this new one has a lot of advantages, especially for the general reader who does not have extensive backgrounds in early national history or the Supreme Court. It is also unusually well written; it was just a pleasure to read such fine prose. Always an important issue for a Marshall biographer is how much of your book (this one runs about 500 pages text, notes and selected bibliography) should be dedicated to discussing his Court career. Here, the author has devoted about 50% of the book to Marshall's pre-Court activities. I used to get upset if a Marshall biography didn't quickly get him on the Court. But the author here, a law professor, was wise to carefully discuss Marshall's pre-Court career.

And what a career it was! Working with Washington during the revolution; member of the Virginia legislature; master of an extensive and lucrative legal practice in Richmond; one of three diplomats sent to France to negotiate a treaty with Talleyrand; elected to Congress from Virginia; and secretary of state under John Adams. It is easy to see why Marshall rose to such political and judicial heights--he was extraordinarily competent, industrious, and a master legal craftsman. So the book really educates the reader as to the richness of Marshall's background and accomplishments so we can better understand why he became "the great Chief Justice."

Another dilemma for Marshall biographers (especially law professors) is how many legal technicalities and concepts to discuss once Marshall is handing down well over 500 decisions. Here the author does not run through a large number of cases (though he does cover all of the big ones), which could overwhelm the reader. Instead, he devotes concise chapters, with minimal legal jargon, to individual decisions and smoothly carriers the reader to the point of understanding that case's significance. So have no fear you will be buried in pages of obtuse legal argument.

Another advantage is that the reader learns a good deal about American revolutionary and early national history. My only real criticism is that the author really has it in for Jefferson and takes almost constant potshots at him. But in discussing Marshall working with Washington both as general and president, and his service in the Adams cabinet, the reader learns a good deal about the birth of political parties, the role of Hamilton, how the Federalists governed and why they had a downfall, the rise of Andrew Jackson, and the role of slavery as a divisive political issue. The author also includes some of the best analysis on the Indian removal cases before the Court that I have seen.

Reading this solid book, therefore, is a good investment of the reader's time. The author's research is extensive, including heavy reliance upon the published Marshall papers and the "Documentary History of the Supreme Court." And the story is told with crisp clarity so that even readers of prior bios will still learn a great deal new. Simply a winner all the way round.